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 In other words, those suits are only withdrawn temporarily and can be re-filed again at a future date.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 »
It started with a message from Joe DeLamielleure and then Fred Dryer, Ed White and Elvin Bethea joined him to let everyone how important it is to Opt Out of the NFL Films Settlement offer now. Friday is the final deadline for getting your Opt Out paperwork in so we strongly suggest everyone should get this done by Thursday whether you do it yourself or use an attorney if you haven’t done so already. We’ve added a countdown clock to the upper right sidebar of our Blog page so you can see how little time you have left. To OPT OUT of the NFL Films Settlement Offer, please refer to the 12-page overview that was originally sent to members of the Class (click HERE to read the document and your options). .continue reading »
We’re coming up fast on one of the most important dates in our careers as former football players. On August 30th, our right to Opt Out of the NFL Films Settlement Offer expires. We posted a countdown clock in the upper right sidebar of my blog just to remind all our readers that it’s looming. If you do not Opt Out, the NFL may well end up completely owning the rights to your name, your image and playing footage forever. Even though actors and musicians get paid for their work on the radio or on TV and sold as CDs or DVDs, the NFL is trying to re-write the rules by saying retired football players are the only people who can’t be paid for their vital role in a product that continues to make a lot of money every day..Even worse, the court has just announced that the hearing which was supposed to take place in September has now been pushed forward until October 14th. But the deadline for Opting Out and Objecting won’t be extended past the August 30 deadline..
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 . . . .
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.
Objections against the NFL Films Settlement offer have been arriving at the court in Minnesota. Here are a couple of recent examples. . Former tight end and Super Bowl champion (New England Patriots 2004) Jed Weaver’s letter to the court objecting to NFL Films settlement: . “The NFL has created billions of dollars in personal benefit by using players identity elements such as names, images, signatures and personal information. Players deserve to receive compensation every time these personal elements are used to promote the league, team, owners or coaches in any way just like musicians and actors are paid royalties every time their personal elements are used to benefit financially the party using their personal elements!” . His letter also noted that he intends to appear at the final approval hearing September 19, even though he lives in Florida and the hearing will be held in Minnesota. . And we found an earlier objection filed by Pete Banaszak (Oakland Raiders 1966 – 1978) which we’ve posted up to Scribd: .
. One more reason to vote in our poll to let everyone know how you really feel about this deal – and be sure to send in your Opt Out form immediately BEFORE THE AUGUST 30, 2013 DEADLINE so you don’t forget later!Click HERE for the Opt Out form and instructions. .
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: .
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). .
Dave, . Here are my thoughts and decisions related to the Publicity Rights settlement proposal. . I have decided to exclude myself from the proposed settlement for the following reasons: . 1. I detest the emotional extortion or guilt built into the settlement. . 2. What will I receive in exchange? More over-branded NFL charity? Still waiting for clarity on this issue. . 3. The math bothers me. Let’s see: $50 million minus $13 million for the NFL’s exclusion legal fees minus $7 million for attorneys’ fees minus fees to Jim Brown and others minus Board operating costs, minus each charities’ expense ratio of approximately 35% = Just peanuts for retired players. .continue reading »
By now, many of you should have already received a copy of the Dryer vs NFL (Films) Settlement Order overview and options.For those of you who haven’t received it yet or who may not be on their mailing lists, we’ve uploaded a copy to 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): .
. Basically you have three options:
Do nothing and agree with this Settlement offer; you (and/or your family) will likely receive nothing and your rights will be assigned to the NFL at the end of this agreement;
Object to this Settlement offer and file your objections with the Court;
Disagree and completely Opt Out of this Settlement offer so you can pursue other legal options and not waive your rights with this agreement.
Well, it’s been over a week since we were last threatened by Dan Gustafson’s office. And the paperwork citing your options has now gone out to all those retired players that can be located. At least that’s what one would hope. At this stage – considering everything we’ve seen from those who continue to promote the NFL Films Settlement Offer as the best thing retired players can possibly expect from the NFL – we now stand more committed than ever to openly declaring our opposition to this Settlement. And we stand against it for even more reasons than before. The actions and words of those who would want to silence any who would even express any opposition or opinions speaks volumes. And while they would question the statements of those who oppose their position, these same basic questions remain unanswered by Gustafson, Hausfeld or Zimmerman: .
Can you name one retired player who will actually be receiving a direct payment as a result of this “historic” agreement? And how much he can expect to receive?
Will each retired player be giving up his identity rights forever to the NFL under this Settlement? And what – if anything – is the NFL actually giving up or paying for your rights?
How is this new licensing agency going to be any different – and better – from what the NFL Alumni was supposed to do under George Martin when they actually had access to the NFL shield and logo AND $5 million to run a licensing agency?
So here we go again. We received a 6-page letter from Dan Gustafson of Gustafson Gluek PLLC with an additional 33-page attachment from the long-winded proposed Settlement Offer in the Dryer vs NFL Films lawsuit. Rather than attaching the selected portions that came with the letter, you can read the original 21-page Preliminary Court Approval -clickHERE – and you can look up pages 82 – 93 of the Settlement Offer on an earlier post – clickHERE. . We’ve uploaded a copy of the letter from Gustafson to Scribd for easy viewing on our Blog 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):