. The courts in the Dryer vs NFL Films lawsuit could not have done a better job of making a bad situation worse by enabling the NFL and its crew of lawyers to muddy up the waters even more by allowing them more bites at a rotten apple while completely trampling the rights of the class. Here are two letters that were officially filed with the Minneapolis Court from retired players Ken Clarke (1978 – 1991 Vikings, Seahawks, Eagles) and Bill Bain (1975 – 1986 Packers, Broncos, Rams) rescinding their Opt Out Opt Out forms that caused intentional confusion for many others as well. What part of I Opted Out does anyone NOT understand? Wonder how many guys the NFL and its lawyers actually managed to con? . We’ve uploaded copies of Bill and Ken’s NFL Films Opt Out Opt Out Retraction Letters to Scribd to make them available for your reading pleasure and for easy downloading and printing in case you decide to change your mind. 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). .
. By now, many of you who submitted your Opt Out paperwork in the Dryer vs NFL Films proposed Settlement Offer have received your 2-page form just in case you might be confused or changed your minds. Mine arrived last week on the 16th. Apparently, someone has convinced the courts that retired players may have been confused about what a bad deal the NFL Films Settlement Offer is for all retired players: Your chances of really getting something directly for playing in the NFL while being included in all their videos and footage both for their profit and promotion and then eventually losing all of your visual rights and images from your football career forever was enough for many of you to choose to Opt Out of this deal. But the pro-Settlement forces are convinced that we’re all too stupid to have made the right decision so the court has now allowed them to send out one more confusing document to see if you really, REALLY, REALLY meant to Opt Out. We’re officially calling this the NFL Films Opt Out Opt Out Form. . So if you sent in an Opt Out form and meant it, you do not have to do anything. Do NOT sign and return their form. If you sent in an Opt Out form and would like to change your mind, fill in their form and mail it in. If you are the NFL, the court will also extend your option to Opt Out of this bad deal until Sept. 30, 2013 because it’s already looking like it’ll cost more than the $13.5 million you were taking back from the $50 million in the “Offer” to fight the “tiny minority of vocal players” who object to this pathetic offer. If you don’t like the proposed NFL Films Settlement Offer and didn’t send in an Opt Out before the deadline Aug. 30, 2013, you have no options left. The court did NOT extend your Opt Out period. . And in the “essence of fairness,” we’ve uploaded a copy of this 2-page NFL Films Opt Out Opt Out Form to Scribd to make it available for your reading pleasure and for easy downloading and printing in case you decide to change your mind. 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). . EDITOR’S NOTE Sept. 26 2013: After too many inquiries from even more confused retired players who actually Opted Out, we’ve uploaded a revised version of this form so each of you will know: DO NOT FILL OUT AND SEND IN THIS RIDICULOUS FORM! If you’ve already sent in your Opt Out form before their deadline of Aug. 30, 2013, YOU DO NOT NEED TO DO ANYTHING ELSE! If you send their new form in, you will be canceling your earlier Opt Out. Understood? Do we need to make it any clearer? .
A new copy of Hausfeld’s “The Voice” went out yesterday with a copy of Judge Magnuson’s order from the week before. We posted that order in an earlier post- clickHEREto read the Judge’s full order from Sept. 6th.And once again as expected, more misinformation. Their latest newsletter tries to take Jason Luckasevic, Jason Shipp, Bob Stein and Hagens Berman to task by only stating that Judge Magnuson had ordered those parties to “dismiss their lawsuits” (until this phase is resolved). Full Translation: While the judge was not pleased with the timing of the suits, the Culp vs NFL Films and Tatum vs NFL Films lawsuits will be voluntarily dismissed by their respective attorneys “Without Prejudice.” In other words, those suits are only withdrawn temporarily and can be re-filed again at a future date. They are NOT being thrown out permanently by the courts. .continue reading »
In any game, you know you have everyone’s attention when your opponents always have to resort to cheating and stacking the deck. If there ever was a great example of “Desperate people do desperate things,” you’ve been watching it unfold these past months as the Opt Outs to the Dryer vs NFL Films Settlement offer came streaming in to the court. It’s looks likely that combined with the Opt Outs received by Goldberg Persky White and Bob Stein’s firms, as well as those sent in to the appointed management company and those sent in directly to the courts, we may well be looking at 1,000 Opt Outs or more. . As we continue to be educated about class actions lawsuits, 100 responses or Opt Outs would have been a typical expectation in most cases. Apathy. Lack of information. Distraction. All these factors contribute to the standard low response that most class action settlements tend to generate. But this lawsuit isn’t really about a one-time deal, as many of you have been realizing and voicing your opinions about loudly. And now we need to be even more vocal. Why? Because it’s all now allowed to do. Even though the Opt Out deadline has come and gone (August 30, 2013), the Court postponed the hearing from September to October 17, 2013 while not granting an extension to the Opt Out/Objection period. Even more interesting, the Court also allowed the lawyers who have been selling this Settlement offer to take another bite of the apple in attempting to dissuade those who have Opted Out to reconsider. And the firms who filed the two new suits against the NFL/NFL Films are being asked to dismiss them (without prejudice) until this phase is decided. But it gets more interesting: Two of the so-called new plaintiffs who were used to replace the Original Six actually filed official Opt Out notices with the Court – and BEFORE the two new lawsuits were filed. Since retired players are no longer allowed to Opt Out, we’ve decided to keep our online poll up and running until the hearing in October. Please vote if you haven’t already done so – it’s the only place left to openly voice your opinion of this proposed Settlement. .continue reading »
How timely. This article just came out in the New York Times yesterday. In all too many cases, you merely have to change the names of the lawyers and it all ends up the same story. We had to post this up to remind everyone to Opt Out NOW! .
Most retired players and fans remember Fred Dryer (NY Giants, LA Rams 1969 – 1981). As the original lead plaintiff in the lawsuit against the NFL and NFL Films, Fred and the other five co-plaintiffs have watched as the lawsuit was diverted from their original goal of finally getting back visual and image rights for ALL retired players after decades of unauthorized and uncompensated use by the League. Fred did a recent interview on SBNation’s Uffsides with host Matt Ufford. .
Jim McFarland officially filed his opt out from the Dryer vs NFL Films Settlement offer with the Minnesota court today. Jim has had a very unique, inside view of things, having been one of two retired players who were invited to participate with the NFLPA (Jim was voted to the NFLPA Executive Committee in 2010) during some of the early phases of the last CBA negotiations with the NFL a couple of years ago. Jim later expressed frustration at his lack of a vote in any of the matters discussed and how many of his suggestions were ignored or dismissed with little consideration..Jim was also with us at the early meetings at Hausfeld’s offices when he was taking part in CBA discussions with the PA. With six years playing for the Bills, Cardinals and Dolphins in the 70′s and his post-football career as a practicing attorney in Nebraska, Jim continues to bring a unique perspective on the NFL Films deal with his filing against this Settlement offer.We’ve uploaded a copy of Jim MacFarland’s opt-out 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):. .
EDITOR’S NOTE: This post came in from Rick Eber in answer to Jerry Sherk’s comments on our Monday Morning Chuckle post – click HERE to read first. .
Jerry, . I agree with your thinking. Good call. . Let me see if I understand correctly. . Bob Stein and Tom Ward work for the original Dryer plaintiffs. Like their clients, they oppose the settlement supporting the opt-out option. Because the court might approve the settlement, Bob and Tom need to submit their fees along with supporting documents or they won’t get paid for years of work. This means that Bob and Tom actually don’t want to get paid unless they are forced to do so by the courts. Fact is, Bob and Tom are willing to delay payment of their legal fees by opposing the settlement. And Hausfeld sees this as being – my word: two-faced. Makes you wonder! . Bob and Tom are actually working against their own financial interests by opposing the settlement. Talk about commitment. How many of us would fight to delay and actually run the risk of losing a million plus for a “fairness principle” and retired teammates? . If this settlement is forced upon Bob and Tom, they still deserve to be paid for their work like any other good attorney! . “Like any other good attorney” is an interesting notion. I ask myself, what would Hausfeld do if they were in the same situation as Bob and Tom? For example: The concussion settlement team reaches an agreement with the NFL that Hausfeld believes is unfair and inappropriate; consequently, Hausfeld opposes the settlement just like Bob and Tom. In following this example, I would certainly then expect Hausfeld to NOT submit his million-plus fees to the court just as they are criticizing Bob and Tom for doing now. Fair? Or does anyone believe the Hausfeld firm would be considered – what’s that word? – hypocritical by submitting their legal fees to the court even though they oppose the settlement… just like Bob and Tom? . In this example, if Hausfeld hypocritically asked the court for fees, would they “take credit” by giving the court a list of contributions they made to the settlement effort to justify their fees? I would think yes, just as Bob and Tom need to do. Or would Hausfeld submit the request for fees to the court without any “take credit” evidence of contribution to the settlement and expect the court to approve? If the answer is yes, we have no chance in the concussion litigation! . The real answer is simple: Bob and Tom don’t want this deal but they deserve payment even if it’s settled against their will and they need to be properly compensated for their contribution to the case. Hausfeld would certainly do the same. This is a legal process trap for Bob and Tom that Hausfeld is manipulating in their “newsletter” thing that is more propaganda than legitimate communication, in my humble opinion. End of story. Period! . This attack on Bob and Tom is a Hausfeld canard that wreaks of hypocrisy and sophism! . What’s scary? This is the critical thinking-power of a law firm I once considered to represent me in the concussion litigation lawsuit! When asked, I would not recommend any firm that attacks an alumni brother to anyone. If they give us up this easily on the NFL Films lawsuit, I can only imagine how quickly they’ll sell us out on our concussion lawsuits! . Take care, Jerry! . Rick Eber Falcons, Chargers 1968 – 1972 . . . .
. I received my latest Retirement Plan notification today that the Bert Bell/Pete Rozelle NFL Player Retirement Plan was underfunded once again. All pension plans are required by federal law to inform its beneficiaries about such events or else most of us would never even know about these things going on in a $10 billion a year business. I guess that’s why they pay Roger Goodell $35 million+ a year while DeMaurice Smith managed to collect a $3 million bonus a couple of years ago for the fine job he did in negotiating the 10-year CBA. . And here we are being told by the NFL and their lawyer buddies that their $50 million Settlement Offer in the Dryer vs NFL Films lawsuit is absolutely the best deal they can possibly make even though most – or none – of that money will ever reach retired players hands. They can’t even fund retirement players’ current pension and disability plans and now they want you to get nothing for your images and footage from your role in past games. . Here’s the interesting thing: I had forgotten that we also got a similar notice last year in July! In other words, our pension plan has basically been underfunded since the CBA was signed over two years ago! We’ve uploaded both notices on Scribd for easy viewing on our Blog and to make it available for downloading and printing, especially to those of you who may not even be on their mailing list. 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): .
To Hausfeld LLP et al: . Well, if you’ve forgotten about our past posts and the subsequent veiled and not-so-veiled threats from you and your associates we’ve received this year over the Dryer vs NFL Films Settlement offer, it might be a good idea to go back and read them first. This is a blog. We voice OPINIONS. It’s an editorial right protected under the First Amendment. The ACLU will have a field day with you and the NFL if you’d like to take that topic up with them. . In the meantime,”as responsible journalists,” we’ll certainly post your item on OUR blog as soon as you and your partner firms do the following:
Operate as ethical attorneys;
Represent your clients;
Provide full disclosure on backroom side deals with the NFL;
Provide full Opt-Out and Objection forms immediately to all members of the class;
Publicly disclose all Opt-Outs and Objections immediately instead of blocking them from view until just before the next hearing;
Stop client-shopping and represent and consult with the Original Plaintiffs in this lawsuit.
EDITOR’S NOTE: September looks like it’s probably going to be a very hot month for the NFL, with two important hearings in two separate lawsuits. . All objections and Opt Outs against the NFL Films Settlement offer have to be filed by August 30, 2013 and the hearing will be on September 19 in Minneapolis MN. Mark your calendars. . Last Monday, Judge Anita Brody ordered the NFL and the retired players in the concussion lawsuits into mediation and appointed a mediator, retired US District Court Judge Layn Phillips. As you’ll see in the copy of the order issued below, there is now a gag order preventing all parties from publicly disclosing any details of the mediation discussions. What’s interesting to note is that the judge did not acknowledge the CBA and the NFL’s argument for arbitration. .
So we just pointed out how the NFL is now cranking up full court press on their own network and website with Jim Brown promoting the NFL Films Settlement Offer along with its Common Good Fund. We’ve also already pointed out how the NFL has already provided their PR agency to Hausfeld LLP to handle their press announcements (click HERE). But have many of you also been checking out the “Official” Pro Football Retired Players Association website that was also promoted on the bottom of the screen on Jim Brown’s plug for the Settlement? . . And the PFRPA and website are being promoted in every newsletter and e-mail going out to everyone they can find: .
Is it just us or do these people at the NFL (and the NFLPA) always live by a completely different set of rules that only apply to them? We’ve had every dirty trick in the book thrown at us with all kinds of veiled threats and inferences of wrongdoing for expressing the opinions of the many. And in each instance, we’ve been backed up by those who know better. And we’re still here thanks to the broad support of the retired player community out there. .continue reading »
. OK. Got your attention now? That guy with all the staples on the back of his head is… me. This picture was taken four years ago in 2009 after I finally came out of a 3-week coma. During that coma, I went in and out of consciousness but still remember nothing to this day. At one point, the doctors made a quick decision to operate which probably saved my life. Not many of my old football buddies know about this life-changing event in my life. But I’ve decided to tell everyone about it now for several reasons. Mostly, it’s because like some of the earlier posts have been saying, I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANY MORE! And whether you want to believe it or not, everything that happens in life is connected in one way or another. I hope that by telling my own story, I can convince more of you retired players that the Dryer vs NFL (Films) Settlement offer is a really bad deal in more ways than one and that each of you needs to get off the couch and at the very least, vote against it here on Dave’s Blog. And then either Opt Out yourself or hire a decent attorney to fill out the paperwork for you. If you end up not doing anything and losing your rights, that might not be the only thing you’ll end up losing. .continue reading »
Thanks to all of you for a great response to our NFL Films Poll so far! But we need everyone’s help to pass this along to all our old teammates wherever they are. We’re sure many of you may “not be located” by the mailing for your Options Instructions and that’s all the more reason we need to get this informal poll (and the information) out to as many retired players as possible. There’s a clear reason why retired players have always been kept in the dark and never allowed any kind of a vote on any issues or benefits that affect us. We need to send a clear message that the majority of retired players see this as the bad deal that it really is for all of us. . VOTE HERE:.
. We’re asking each person voting in this poll to provide their name for several reasons: While our poll already includes security measures that will disqualify duplicate votes from the same source, we’re sure that even with overwhelming votes, keeping every vote anonymous will be just one more excuse for some to question the integrity of our poll. So please add your name to your vote so the NFL and their lawyers can hear you loud and clear (NOTE: We’ll keep your name offline but it will be matched to your vote). And BTW – all visitors are blocked from voting twice. . PLEASE NOTE: This is strictly a poll to get a general idea of retired players’ opinions and not an Opt Out or Objection form. To OPT OUT or FILE OBJECTIONS to the NFL Films Settlement Offer, please refer to the 12-page overview that was recently sent to members of the Class (clickHEREto read the document and your options). .