Dave Pear's Blog

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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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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On April 4th, representatives of the National Football League acknowledged the need to provide “important improvements in retired player benefits.” They stated it was the “fair” and “right” thing to do in “respect” and “recognition” of their contributions to the game. The League said the retirees “voice” needs to be heard.
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On May 25th, the largest collective group of representatives of retired NFL Players ever assembled met a second time to reach a consensus on a series of united proposals for these needed improvements.
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The League has said that everyone needs to “focus on negotiations” because “there is a deal to be made.” We agree. The retirees therefore unanimously agreed to submit to the League a detailed framework for changes in retiree pensions, medical coverage and benefits, and disability programs. The framework will also include a component of medical monitoring for retirees that is designed to detect or prevent illness or disease at its earliest stages and provide for timely treatment.
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The retirees invite the League to be available for meetings beginning as early as Tuesday, May 31, to discuss this framework, exchange ideas and comments, and be best prepared to reach resolution when mediation formally resumes on June 7th and 8th in Minneapolis.
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As expressed in the April 4th letter from the League to the retirees, the League wished to hear the “voice” of the retirees. We are speaking. It’s now time for the League to listen.
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Any questions concerning this press release should be directed to Michael Hausfeld at Hausfeld LLP (202) 540-7200 or Daniel Mason, Mark Feinberg, or Shawn D. Stuckey at Zelle Hofmann Voelbel & Mason (612) 336-9100.
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Retired NFL Players’ Representatives’ Unite!
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The largest collective group of representatives for retired NFL players ever assembled met yesterday in Minneapolis, Minnesota and agreed to unanimously support the class action litigation brought by retired NFL players against the League and its member clubs. That lawsuit is now pending before Judge Susan Nelson in federal court in Minneapolis.
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Among those present were:
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