Dave Pear's Blog

To all retired players:
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On Wednesday, February 15, 2012 at 1:30 p.m. your case will be argued against the NFLPA in front of Judge Susan Nelson in St. Paul, Minnesota. The NFLPA filed a Motion to Dismiss and this hearing will be to determine if your case is dismissed.
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If you will recall, in September and October of 2011, 47 former NFL players, including 27 Hall of Famers (26 of whom who are listed in the NFL’s official encyclopedia as 300 of the greatest players in NFL history), representing every decade in pro football since the 1940′s, filed a class action lawsuit against the NFLPA. The class representatives represent virtually every position in football, and every category of NFL player – including vested, non-vested, Hall of Famers, forgotten players, and legends of the game. The lawsuit was filed on behalf of all former NFL players and seeks to increase the retirement benefits of all players – vested and non-vested
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The NFLPA is asking that your case be dismissed against them. We will argue that your case deserves to be heard by a jury.
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It would be great if the Judge could see a courtroom of retired players who are all in support of having your case get heard by a jury. So if you are available to make it to Minnesota to attend the hearing, I ask that you mark it on your schedule and come show your support for your case. It is particularly important that you attend if you live locally.
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The address is below. Please let me know if you plan to attend. Thanks.
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Best regards,
Shawn D. Stuckey, Esq.
(former NFL player – New England Patriots, Minnesota Vikings, Tampa Bay Buccaneers)
Wednesday, February 15, 2012 at 1:30 p.m.
Courtroom 7B
United States District Court
774 Federal Building
316 North Robert Street
St. Paul, MN 55106
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(Eller/Bednarik et. al, v. NFLPA and Gault/McElhenney et. al, v. NFLPA) Case No. 11-CV-2623 SRN/JJG (D. Minn.)
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FOX Sports‘ A.J. Perez and Alex Marvez kick off Super Bowl week with a scathing exposé on the inner workings of the NFL Alumni and its Executive Director, George Martin.
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One question we keep wondering about: Just exactly how many retired football player members does the NFL Alumni actually have? The one thing even the NFLPA manages to be transparent about is its membership roster and they even provide an online list for all to see. But George Martin and his management team continue to cite numbers in the thousands, claiming that their membership is the largest collective group of retired players. But this article cites around $80,000 collected from May through September 2011. At $100 per member, simple arithmetic tells you that’s 800 members. But when you factor in the $5,000 fees from the remaining chapters who may have sent in their dues during that same period, one has to wonder how much of that $80,000 actually comes from individual memberships? We’ve heard from all too many sources that the membership has dropped to below 500 actual dues-paying retired players, with the remaining members classified as “Associate Members” that include fans and other non-retirees. Heck, if the NFL has given the Alumni $4 million in interest-free loans since George Martin took over, maybe it might have been cheaper to just pay each of the estimated 15,000+ retired players (just one estimate) $100 apiece to be members of the Alumni?
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Football damaged my brain and it didn’t have to happen

GEORGE VISGER, a former 49er, tells his story
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Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story:
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My football career began at age 11 in 1970 when I suited up for the West Stockton Bear Cubs, the first Pee Wee Pop Warner team fielded in Stockton, Calif. Of the 29 kids on the team, three went on to sign NFL contracts in 1980 (myself — sixth round, New York Jets; Jack Cosgrove — eighth round, Seattle Seahawks; Pat Bowe — free agent, Green Bay Packers).
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During my third year of Pop Warner, I was hospitalized when I knocked myself unconscious during a tackling drill. The exercise was a needless bull-in-the-ring drill that was more of a gladiator competition for the coaches’ amusement than a means of teaching useful techniques to young players.
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The coaches had us form a big circle about 25 yards across and numbered the 40 of us 1 to 20 on each side. When your number was called, you and the player on the other side with the same number sprinted directly at each other and hit head-to-head.
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Concussions followed throughout my high school career, though I never missed a game or practice. In my senior year, we went 11-0 and ranked No. 3 in California. I was selected to the All-America Top 100 Team.
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I entered the University of Colorado on a football scholarship in 1976 as a 6-foot, 5-inch 235-pound defensive tackle, majoring in biology. I was a starter for three years and suffered a number of minor concussions, but I never missed a play except after leg injuries.
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Turning pro

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As I had mentioned in an earlier post, a deposit showed up last Friday in my bank account that wasn’t quite as much as my normal disability payment (and they always show up on the first of the month). It wasn’t until yesterday that a letter arrived in my mail to explain what several of our readers had also just received. No doubt, some genius in the front office figured they’d better get these payments out just before yearend so they could get some tax benefits for 2011.
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For those of you who still haven’t received your letter yet, we’ve uploaded a copy 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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Dave Pear’s Disability Increase Notice
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We also understand that the new Legacy Benefits will be calculated retroactively to Aug. 1, 2011 but we’re not sure when those retroactive payments will start showing up or exactly when the first increased pension checks will start arriving. We hope everyone will continue to share their own experiences with the other retired players and their families. Once again, it looks like the retired players are the last to be informed and the last to be paid. That’s why they pay DeMaurice “Upshaw” Smith those big $1 million bonuses. (Click comic to enlarge)
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EDITOR’S NOTE: Some of the retired players have been sending in some additional thoughts and comments on a wide range of topics. Many were important enough that we thought it would be better to put them all up in one post. We’ll start off with a comment from Larry Kaminski followed by an answer from one the law firms currently involved with litigation against the League and the NFLPA.

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We’re sorry but we just couldn’t help it. Comparing recent news involving two big-name coaches like John Madden and Joe Paterno Last week, John Madden came forward like the great leader he is and declared that they would now be taking players out of the game when they get concussed. In the Electronic Arts video game that bears his name. Nice. Is that much different than the Wall of Silence that we’ve seen from coach Joe Paterno surrounding the juggernaut of charges still mounting against his BFF Jerry Sandusky that include child sex abuse and rape? Even in the face of overwhelming evidence, both of them continue to believe in the sanctity of football to protect those at the top from any accountability. It’s this arrogant air that finds the rest of us scratching our heads wondering what planet these people are living on.
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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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We’ve got some news and thoughts that have come in from two of the retirees out there and felt it would be best to share it with everyone here in one post.
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This past year, Larry Kaminski has been going through the California Workers Compensation process to gain access to his disability benefits.
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Here we are coming up to the end of November and as you can see from a lot of the comments on earlier posts, everyone would like to know where those big, fat pension increases have gone. This morning, I received another local NFLPA communiqué from Sam McCullum and once again, it’s a lot of nothing in a long string of paragraphs. The only good advice he passes along is, “Don’t go spending it until you get it!”
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A WORD OF CAUTION: This recent e-mail talks about signing a “Declaration” before you can get your money. All of our lawyers have cautioned us NOT to sign ANY declarations or agreements until it’s been carefully reviewed. (Remember those nasty GLA agreements that they had us sign so we could get paid “our share of the video game licensing revenues?” Yeah, right!) We expect to be posting a legal advisory on this declaration as soon as it’s available - you don’t want to be signing away any of your rights to sue the NFL OR the NFLPA through another typical weasel-worded ‘Declaration.’ If anyone gets an advance copy, please feel free to share it with us.
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EDITOR’S NOTE: Several weeks back, the NFLPA put out a request to local chapters for three questions to send along to their big meeting in Washington DC. Disability Attorney John Hogan actually had a few questions to point out in the new CBA. John also has some observations from a recent case that was “approved” by the Disability Board:
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1. The CBA contains some significant changes in disability – specifically, there will no longer be a requirement to show that your disability is ALL football-related. Why weren’t these changes made retroactive so that guys who are disabled but denied football degenerative might be able to get a better deal?
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Over the past couple of weeks, absolutely nothing of any serious significance or substance out of the NFLPA regarding retired players pensions especially that new Legacy Fund, other than a lot of the same chest-thumping and empty rhetoric that everyone has been hearing since the lockout ended late this summer. It would certainly seem like the lawyers have taken over once again and put out that Say Nothing Memo.
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There was a meeting of the Seattle Chapter (probably much like other chapter meetings across the country) where the usual 8 members – out of approximately 48 NFLPA members listed in the Seattle area – showed up and voted on a few things that we’re sure will make a huge difference to all retirees: The meeting introduced some Business Opportunities (Hair Products!), the Touchdowns for Homes Programs, as well as some discussion on the School of Legends program. We also finally have some backhanded acknowledgment from the NFLPA HQ about loss of hearing from football (a shiny new discount hearing aid program!).
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Both the NFLPA and George Martin’s NFL Alumni have been trying to take credit for everything being offered to retired players from the new CBA. In the meanwhile, they’ve also done their best to ignore what retired players have actually been demanding long before this current CBA while never really putting their cards on the table about what it is that they’ve actually decided for retirees – without their direct input. The Union simply refused to be in the same room while discussions were being held directly with Commissioner Goodell and now they continue to play a let’s-wait-and-see attitude by blaming the League for holding up the final agreement. And they continue to take credit for the wonderful things they’ve done for retirees all while they weren’t a Union (during de-certification!).
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Meanwhile, back at the Alumni ranch, George Martin’s $250,000+ annual salary and bonuses are apparently not enough so he also had to do some endorsement work. George has been driving around in a brand-new $65,000+ Cadillac Platinum Edition Escalade ESV for the last week or so since the Alumni Golf Tournament tweeting all about his praises for his loaner wheels much to the delight of Government Motors. (Read the official NFL Alumni Press Release by clicking HERE.) FOX Sports’ Alex Marvez had a few more words to say about that ride:
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First the serious stuff: One more helmet concussion lawsuit filed in California by Hausfeld LLP and Pearson Simon Warshaw & Penny LLP, on behalf of Cedrick Hardman and Tommy Mason against the NFL, Riddell and Easton-Bell. The two Exhibits include proposals for medical monitoring and benefits after a career in football.
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And we’re not letting the NFLPA off the hook today either: Here’s another good reason for retired players to manage and administer their own benefits: Be sure to read about the Gene Upshaw NFL Player Health Reimburse lobby at the end of this post! Oh well – Another day, another $100,000!
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NFLPA 2012 Florida Convention

The NFLPA just announced their 2012 convention to be held once again at the Marco Island Marriott in Florida next March. Retired players are also invited to actually mingle with active players for $250 a night! Lots of golf, fine dining and everything else… except talking about the real issues that retired players actually need to have addressed.
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So with all the lawyers that work over at the NFLPA, it seems that the only thing that gets their attention is another good lawsuit. Today, the attorneys in the earlier Eller suit – Hausfeld LLP, Zelle Hofmann, Arthur N. Bailey & Associates, Coburn & Greenbaum – filed another class action suit on behalf of retired players against the NFLPA, DeMaurice Smith, Tom Brady and Mike Vrabel. The new suit includes a new list of players – Dave is included as one of the named plaintiffs – along with an additional list of key issues that the PA will need to address.
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We’ve uploaded a copy of the new 44-page Lawsuit 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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Gault McElhenney Brown Et Al v NFLPA
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EDITOR’S NOTE: Another exchange that Bob Kuechenberg recently had with your NFLPA representatives who are still asking what’s important to retired players. (?!!) The only three things that matter to retired football players have always been – and will always continue to be – real access to THEIR EARNED:
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• Disability Benefits
• Pension Benefits
• Medical after football
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Some of you may also recall several chapter presidents resigned in recent years in protest after being told what they could and could not talk about at chapter meetings
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