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The Future is Here Now

7 August 2010

A very quiet news announcement hit the wires this past week that could have major repercussions for active players in upcoming contract negotiations. First, here’s the headline and a clip from the original release on Reuters:

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Reuters Canada

NFL in discussions about using chip-in-ball technology

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Tue Aug 3, 2010
By Patrick Johnston

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Keeping Up with the News

24 March 2010

A couple of recent articles caught our attention today, one of them discussing the Madden Curse – what happens when you find yourself featured on the cover of the latest edition of Electronic Arts Madden Football:

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To Grace Or Not to Grace The Cover: Is Madden Curse For Real?

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Would you trust your brain or your money with this man?

We have no idea how anyone missed this little tidbit from the Congressional hearings on brain concussions in the NFL. The media rightfully focused on stirring comments made by former Tampa Bay Buccaneers’ owner Gay Culverhouse regarding the complete lack of advocacy for the players when it comes to brain injuries: The team doctors are hired by the owners and are employed to protect their investment; many of the coaches and owners often play golf with the team doctors in their free time. Tampa Bay Online covered Ms. Culverhouse’s testimony closely and the last paragraph in their story says a lot about just how seriously Roger Goodell plans on looking into brain concussions.

AAA

Culverhouse: NFL doctors aren’t advocates for players

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HBO Real Sports ran its Disunity episode on the retired players GLA trial last night. In under 15 minutes, they managed to present the major highlights of the entire 3-week trial, covering the points and counterpoints between the retired players and the NFLPA/Players Inc. and how the trial was won.

Joe DeLamielleure, Bruce Laird and Herb Adderley on HBO Sports

Joe DeLamielleure, Bruce Laird and Herb Adderley on HBO Real Sports

Joe DeLamielleure, Bruce Laird, Herb Adderley and Dave were interviewed as plaintiffs and the players’ attorneys from Manatt, Phelps & Phillips as well as the NFLPA attorney, Jeffrey Kessler, were each given time to explain their positions. Just like in the trial, the defining moment came when they showed Herb Adderley sitting on his couch with Frank Deford to show him some player’s pages on Electronic Arts’ Madden Football video game. There on the screen was a virtual NFL player that didn’t have his name or his number but his stats were exactly the same as Herb’s (and that virtual player was black). Then they showed a generic white player who also didn’t have Dave’s name and number but with his exact stats. Then they showed the letter from the NFLPA’s own licensing director instructing EA to make sure they altered any reference to all actual players to avoid payment of royalties. (As usual, the NFLPA’s overpaid mouthpiece Kessler still had the nerve to try spinning his worn-out ‘We-were-only-trying-to-protect-the-retired-players-from-being-ripped-off routine.’)They even had references to the departed Gene Upshaw’s Dog Food comment (read Judge Alsup’s own comments by clicking HERE).

Gene Upshaw and Dog Food on HBO Real Sports

Gene Upshaw selling Dog Food on HBO Real Sports

This was pretty much the way it was all presented in court, so it’s easy to see why the retired players won an overwhelming decision, complete with Judge Alsup’s final opinion as icing on the cake.

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This is just coming in right now on the class lawsuit by Bernie Parrish, Herb Adderley, Walter Roberts and a cast of thousands against the NFLPA/Players Inc. in San Francisco. It looks like the jury has come back in favor of the plaintiffs! More as news breaks…

In short, WE WON!!! On both counts of Breach of Contract, Breach of Fiduciary Duty and the jury is now charged with considering punitive damages.

And More: Plaintiffs are awarded a total of $28 million: $7.1 million in royalties etc. PLUS $21 million in punitive damages. Wa-hoo!

And we’re all still wondering just exactly how much the NFLPA and Players Inc. wasted of the Union’s money (YOUR money) to fight this lawsuit over the past 2 years? And how much more they’re probably considering to appeal the award?

And congratulations and credit are also in order for Ron Katz and his co-cousel for a fine job representing the players.

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