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Dryer vs NFL Films Update

15 August 2011

In case some of you missed it last year, there was a lawsuit filed on behalf of all retired football players to recover royalties from the NFL and NFL Films for re-packaging and distributing footage of games from years past. The suit was initiated by attorney and former player Bob Stein (1969 – 1975 Kansas City Chiefs, LA Rams, Minnesota Vikings and San Diego Chargers) and filed in August 2009 and it was originally led by plaintiffs Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini and Ed White.
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Since then, the case has gone through some changes that we’ve learned about through the many public filings available in the court system. We’ve noticed that Zimmerman & Reed is no longer representing this class (all of the plantiffs have apparently fired them) and we have also learned that Hausfeld LLP and Zelle Hoffman (both firms from the ongoing Eller Class action) have now added their weight and resources to keep moving this lawsuit forward with Bob Stein.
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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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Retired Football Players Stand Together!
  • By providing my name and e-mail address, I am hereby adding myself to this growing list of retired football players.

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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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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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And for those of us with shorter attention spans, the highlights are now up on YouTube from our June 20th 2011 Retired Football Players Press Conference. We’ve uploaded it to YouTube in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window.
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And once again, thanks to Jennifer Thibeaux and her crew. We’re working on shorter individual clips to also be posted daily on YouTube over the following weeks to keep this issue front and center with the fans and general public. Retired Players are NOT going away!
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And for those of us with shorter attention spans, the highlights are now up on YouTube from our June 20th 2011 Retired Football Players Press Conference. We’ve uploaded it to YouTube in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window.
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And once again, thanks to Jennifer Thibeaux and her crew. We’re working on shorter individual clips to also be posted daily on YouTube over the following weeks to keep this issue front and center with the fans and general public. Retired Players are NOT going away!
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And a little something extra: Hall-of-Famer Gale Sayers is mad too!
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HOW YOU CAN HELP: Click on the Like button on YouTube, as well as passing these videos along to all of your friends. You can also post our video links to your Facebook page if you have a Facebook account and Tweet it to Twitter (you can use those buttons at the bottom of each of our posts). And please be sure to click on the Sign Our Petition link at the top of the sidebar on the right to let everyone know you support these guys!
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Thanks to Jennifer Thibeaux and her crew, we now have the full video of our June 20th 2011 Retired Football Players Press Conference held at the Washington Press Club. We’ve uploaded it to Veoh in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window. You can turn the volume up using the sliding volume bar next to that Full Screen button
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Be sure to click on the Sign Our Petition link at the top of the sidebar on the right to let everyone know you support these guys!
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We’re back from attending the Press Conference at the Press Club in Washington DC. Thanks to the incredible efforts of the teams at Hausfeld LLC and Zelle Hofmann Voelbel & Mason and Carl Eller, everything came off even better than anyone could have expected. Retired players who attended the conference included Carl, Irv Cross (who moderated), George Visger, Joe DeLamielleure, Lem Barney, Conrad Dobler, Paul Krause, Elvin Bethea and Greg Koch. For the first part of the conference, the retirees were also joined by a group of active players who also made statements in support of the retired players efforts, which included Brendon Ayanbadejo, Duane Starks, Will Witherspoon, Hannibal Navies, Sean James, Anthony Adams, Duane Starks, Stalker McDougal and Mike Dean. We had a strong media presence and there was also a lot of attendance on the conference phone line provided.
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We have video of the entire event and will be posting clips from the news conference over the next few days along with a full version of the entire meeting (thanks to our friend, Jennifer Thibeaux, and her young assistant, Elizabeth). And here’s a slideshow of pictures from Reuters News Service at the conference (Click on the picture to open the slideshow in another window):
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(c) 2011 Jonathan Ernst - Reuters News Service

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This just came in over the wire regarding the new class action lawsuit with the NFL and NFL Films. The courts in Minnesota have upheld the suit and is allowing it to proceed. Here’s the press release along with a copy of the Order Denying the NFL’s Motion to stop the lawsuit posted on Scribd for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading. )

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Chalk up another one for the old guys! Retired players are so sick and tired of getting ripped off every time they turn around. We recently came across an article that Electronic Arts was partnering with The Weather Channel to pay them for weather statistics to make Madden Football X more “realistic” – but they DON’T want to pay the retired football players themselves for their stats in order to make the game more “realistic”. I wonder when they’re planning on screwing around with the weather so they won’t have to pay for that either. Read all about the weather by clicking HERE.

So when you use the retired players’ likenesses right down to their race, size and stats, is that realistic enough for you, EA? But you don’t want to pay for that and you want to pay for the weather? Recently, EA announced that they were no longer going to be using retired players in their video games. Ha!

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