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Dan Pastorini: New Lawsuit

24 November 2012

We were just informed of a lawsuit/complaint recently filed by Dan Pastorini (1971 – 1983: Oilers, Raiders, Rams, Eagles) in Minnesota (requesting to be heard in Texas) against attorney Michael Hausfeld and his firm, Hausfeld LLP, for “breach of contract, legal malpractice, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing.” We obtained a copy of the suit from public records.
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We’ve uploaded a copy of the lawsuit to Scribd for easy viewing and to make it available for downloading and printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Pastorini Breach of Contract and Malpractice Suit vs Hausfeld LLP
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We now have a publicly available copy of the Settlement Agreement details and the subsequent Collective Bargaining Agreement (CBA) made when the CBA was ratified. The individual active players (Brady et al) agreed to drop their suits that were filed against the NFL when the Union decertified during the lockout. We’re posting this for weekend reading and look forward to your comments and observations. Note that it was Jeffrey Kessler who filed this without any seal.
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We’ve uploaded the entire 201-page document to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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Brady Settlement for 2011 NFL/NFLPA Collective Bargaining Agreement
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Here’s a yearend update from Hausfeld LLP and Zelle Hofmann including articles from disability attorney John Hogan and George Visger.
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We’ve uploaded their newsletter to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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The Voice – NFL Retiree Newsletter, Vol 1, Issue 2
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Let the Posturing Begin

8 December 2011

You would think that the NFLPA would have learned by now that any time they let attorney Jeffrey Kessler into a lawsuit, they may as well count on things taking longer and costing more. In case there are still some of you out there who aren’t familiar with Kessler, he represented the NFLPA in the Player’s Inc. lawsuit when retired players sued the union and their “Licensing Arm” for past video game royalties that the Union had intentionally defrauded from its players for years. Kessler and his firm were paid handsomely for losing the case that awarded $28 million+ in royalties and damages awarded to the players. And his brilliant answer to losing the case before then-newly-appointed Executive Director DeMaurice Smith (and white collar crime attorney) decided to settle the case? Appeal.
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So then Kessler gets into the middle of the NBA lockout to “represent” the players and that drags into basketball season. Here’s a recent article from ProFootball Talk that pretty much sums up what everyone thinks of Kessler: Click HERE.
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The question we have to ask is: What have they got to hide? Or more to the point: What does Kessler personally have to hide? In any problem, you’re either part of the solution or you’re part of the problem. We think Kessler and his group ARE the problem.
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So last week on Dec. 2nd after much posturing from both sides, Judge Susan Nelson allowed a Motion to seal all further filings and proceedings in the current class action suits filed against the NFLPA, Tom Brady, Mike Vrabel and DeMaurice Smith.
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We’ve uploaded Judge Nelson’s order along with the pleadings from both sides to Scribd for easy viewing and to make it downloadable for printing.) Shawn Stuckey’s detailed arguments and the attached Exhibits make for some good reading. Great job, Shawn!) You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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Most members of the NFLPA received the first announcement in their Inboxes earlier today along with different variations from many sources. The second, more detailed announcement comes out of the NFL Communications office. If you note in the league’s release, credit is graciously being given to several retired players who took part in later discussions held directly with Commissioner Goodell and the owners, something that’s clearly missing from the NFLPA’s announcement. In fact, the NFLPA and its representatives did NOT attend that meeting held in Washington DC.
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We’re posting both announcements here exactly as received:
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It seems that the PA is still managing to put out as much as they can without saying anything while still blaming everyone else for holding the process up. Oh wait – they’re in Washington DC! That’s what EVERYONE does up there! We forgot!
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So over the past week, we’ve received a few more ‘communiques’ from our local NFLPA chapter via Sam McCullum and it always seems that the guy in the room with no vote or real voice on any matters has the clearest take on everything. Jim McFarland – retired players’ representative – has provided some of the clearest analysis on what’s proposed in the final CBA for the Legacy Fund and how it will affect pre-93 players. Here are the e-mails and comments starting with the latest first. We also included a copy of that meeting proposal document referenced in the most recent e-mail and have loaded it up to Scribd for easier reading and printing.
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One more thing: And the NFLPA and Sam McCullum says none of you should be reading any of the blogs to get your information. Of course, they didn’t attend what may have been one of the most important meetings of the year regarding retirees because they didn’t want to hear what everyone else wanted them to hear so they can’t tell you about it. (?!!)
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EDITOR’S NOTE: We just received a copy of another e-mail that was sent out by Jim McFarland, a non-voting member of the NFLPA Former Players Executive Committee. Jim expresses his concerns with key issues that the Union appears to have “negotiated” on behalf of Retired Players (while they were no longer a Union) and he sounds like he’s just as surprised to finally hear about them as the rest of you… His e-mail to NFLPA counsel, Tom Depaso, is added to the bottom of this post.
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And on and on it goes. Dave just received one more enlightening e-mail from NFLPA’s Dave Duerson replacement, Sam McCullum, this morning with more “clarification” on their Coming Soon Improvements to Retired Players Benefits á la NFLPA. Here it is in its unedited form:
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The peasants are now at the gate

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In any revolution, it’s always interesting to hear comments coming in from both sides of the fence. In the case of NFLPA and the retired player community at large, the battle lines could almost be drawn as a battle between the Haves vs. the Have-Nots. The royalty are holed up in their ivory tower enjoying the privileges that any inside clique always seem to enjoy, oblivious to the starving peasants outside the palace walls. Even with the growing voices of thousands of their fellow retired players getting louder by the day, there are still those in denial.
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EDITOR’S NOTE: Dave has still been included in this ongoing local (Seattle) e-mail chain from yesterday as he’s still a dues-paying member of the NFLPA. We’re posting these four latest e-mail exchanges here in unedited format for viewing and we’re also posting a separate rebuttal in a second post (click HERE).
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From: Harrison, Nolan [mailto:Nolan.HarrisonIII@nflplayers.com]
Sent: Thursday, August 11, 2011 1:35 PM
Subject: RE: Former Player’s Benefit Increase?
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There will be an official benefits statement coming from both parties. A couple of things that were accidentally left out of the CBA summary (sorry, everyone is rushing to meet the memberships demand for information) was the improvements to Plan 88 more on workers comp and long term care.
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EDITOR’S NOTE: The Annual Hall of Fame ceremonies were held in Canton Ohio this last weekend. Joe DeLamielleure was among the Hall of Famers in attendance along with several other players who are part of the Eller Class Action suit (including Carl and Paul Krause. A surprise guest showed up – Joe D. provides some notes on the event:
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This dinner is always strictly for Hall of Fame players and the new inductees only. So most of us were wondering – some loudly – Who invited Smith?
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When De Smith walked into the room to speak, around 12 of the guys actually walked out.
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When Smith spoke, it was obvious that he had no idea that this audience consisted mostly of pre-1993 players.
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An informal count indicated there were at least 40 Hall of Fame players who were each receiving less than $200 a month ($176) in pensions and Smith was asked what their increases would be in the new CBA. Smith said that their pensions would increase to $1,000 to $1,500.
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Paul Krause and Carl Eller asked about pension increases for retired players and never received a straight answer.
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Carl Eller also asked if retired players could represent themselves and Smith answered, “I would not be opposed to that” in front of the group.
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Judge Susan Nelson’s court in Minneapolis MN just ordered parties to the earlier enjoined lawsuits to a case management conference on Aug. 10, 2011. What’s interesting to note is that Judge Nelson anticipates ordering all parties to bring participants who have settlement authority to a mediation hearing before Judge Boylan in Federal Court on Aug. 15, 2011.
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Since all the active players’ issues are presumably now settled, it would seem that the only remaining issues to be discussed, negotiated and settled are retired players’ claims.

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We’ve uploaded a copy of both letters to Scribd for easy viewing and to also make them downloadable. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to enlarge it for easier navigation (just hit the ESC key to close):
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Order Setting Case Management Conference and Mediation
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EDITOR’S NOTE: 9:30 PM PST – Judy Battista’s story just posted on the New York Times – Click HERE to read this breaking story.
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On Friday afternoon, a small group of us were informed about the details a conference call that NFL Commissioner Roger Goodell had with the attorneys and a small team of retired players from the Eller class action lawsuit. All of us were shocked to hear the news that there was an additional $500 million offered to the retirees that had gone undisclosed to them. From what we understand so far, the money would supposedly be earmarked for “charities, medical research, etc.” and then “managed” under the auspices of the PA. We’ll continue confirm and report more details as the story breaks over the next few days.
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In the meantime, we want to talk a little about how the Internet and social networks have changed the world of communications for better and for worse. We’ve watched an entire revolution take place in Egypt with the fall of the Mubarek regime that started with social network Twitter. And that revolution continues to spread across the Middle East. But social networks like Twitter can also be used to spread gossip and misinformation. And that also seems to happen more often than people may imagine. Fortunately, there’s also a good side to that as well. Leaving a trail of crumbs behind you is not exactly a smart strategy.
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As retired football players, we’re all sick and tired of everyone trying to tell us what’s best while not giving us a voice or a vote in how it’s done. With the CBA close to being finalized, the so-called Union, the NFLPA, is once again trying to walk away with our retirement and disability benefits as an afterthought to what they’ve negotiated for their active players. And with the Hall of Fame induction ceremonies coming up, a large group of Hall of Famers have signed a Retired Football Players Declaration of Independence (click on any images below to enlarge for easier reading and printing):
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We’re asking all retired players to read and sign on as well – I have already (PLEASE pass this along to all the other players you know):
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And if you know retired players who don’t have Internet access or e-mail, you can also download a copy of the Declaration by right-clicking HERE and saving the PDF version that you can then print out and distribute to fax in or send by snail-mail. Thanks for all your support!
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Posted with the express consent of Irv Muchnick:
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by Irvin Muchnick‚
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July 18‚ 2011
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Over the weekend, the retired players and the attorneys involved with the Eller et al vs. NFL et al class action lawsuit released a letter addressed to all retirees to outline a call for unity as well as to provide an update on the facts and actions to date.
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Dear fellow retired players,
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We have been asked by many of our fellow retired National Football League (“NFL”) players to provide more information about what the Eller v. NFL lawsuit is meant to accomplish and how the lawsuit will help benefit all retired NFL players. What follows is our attempt to do so.
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On March 28, 2011 the national law firms of Zelle Hofmann Voelbel & Mason LLP and Hausfeld, LLP, filed a class action on behalf of all retired NFL players against the NFL in federal court in the District of Minnesota to bring about wholesale improvements of the NFL player retirement system.
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This lawsuit came after the CBA negotiations between the NFL and NFLPA broke down, the Union decertified and the League subsequently locked the players out. The complaint seeks to do for retired players what the Reggie White class action lawsuit did for current players in the early 1990’s: create an organization and system whereby retired NFL players are able to advocate on their own behalf and therefore vastly improve the current landscape of the NFL retirement system. This class action – known as Eller et al., v. NFL – was consolidated with the class action on behalf of current players called Brady, et al vs. NFL. (Consolidated simply means that the cases are heard together and the NFL is better positioned to try and resolve both cases simultaneously – although the retired players are asking for and addressing different issues than the current players.)
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Recently, the largest collective group of representatives of various organizations for retired players or who have mass online audience met in Minneapolis. The group included representatives and/or members from the NFLPA, NFL Alumni, the Retired Players Association, Fourth & Goal, Gridiron Greats, Dignity after Football and DavePear.com/Independent Football Veterans. Most of the participants agreed to present the League with united proposals for changes in key areas affecting the well-being of retired players:

  • (a)    pensions;
  • (b)   disability benefits;
  • (c)    medical benefits;
  • (d)   medical monitoring; and
  • (e)    vesting calculations.

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