Dave Pear's Blog

To all retired players:
.
On Wednesday, February 15, 2012 at 1:30 p.m. your case will be argued against the NFLPA in front of Judge Susan Nelson in St. Paul, Minnesota. The NFLPA filed a Motion to Dismiss and this hearing will be to determine if your case is dismissed.
.
If you will recall, in September and October of 2011, 47 former NFL players, including 27 Hall of Famers (26 of whom who are listed in the NFL’s official encyclopedia as 300 of the greatest players in NFL history), representing every decade in pro football since the 1940′s, filed a class action lawsuit against the NFLPA. The class representatives represent virtually every position in football, and every category of NFL player – including vested, non-vested, Hall of Famers, forgotten players, and legends of the game. The lawsuit was filed on behalf of all former NFL players and seeks to increase the retirement benefits of all players – vested and non-vested
.
The NFLPA is asking that your case be dismissed against them. We will argue that your case deserves to be heard by a jury.
.
It would be great if the Judge could see a courtroom of retired players who are all in support of having your case get heard by a jury. So if you are available to make it to Minnesota to attend the hearing, I ask that you mark it on your schedule and come show your support for your case. It is particularly important that you attend if you live locally.
.
The address is below. Please let me know if you plan to attend. Thanks.
.
Best regards,
Shawn D. Stuckey, Esq.
(former NFL player – New England Patriots, Minnesota Vikings, Tampa Bay Buccaneers)
Wednesday, February 15, 2012 at 1:30 p.m.
Courtroom 7B
United States District Court
774 Federal Building
316 North Robert Street
St. Paul, MN 55106
.
(Eller/Bednarik et. al, v. NFLPA and Gault/McElhenney et. al, v. NFLPA) Case No. 11-CV-2623 SRN/JJG (D. Minn.)
.

EDITOR’S NOTE (Friday Feb 10): Dave’s recovery is progressing very well. Heidi took him home late yesterday afternoon from the hospital and he’s already noticing that the ache he had in his hip joint is starting to subside from how it felt before the surgery. Dave and Heidi send their thanks for all the prayers and good thoughts!
.

Dr Philip Downer

continue reading »

EDITOR’S NOTE: Dave will be heading in to the hospital tomorrow morning (Tuesday) for his scheduled total right hip replacement. We’ll keep you posted on his progress. In the meantime, we’ve been following the growing number of new concussion and helmet lawsuits over the past couple of months from all across the country. It’s been hard keeping up with all the details and lawyers and players behind each suit. Last week, many of them were consolidated in a Federal Court in Pennsylvania under Judge Anita Brody. Dave asked one of his attorneys, Jason Luckasevic, from the firm Goldberg Persky & White, to provide an overview and summary of what has happened so far.
. continue reading »

The Super Bowl show is now in full swing and today, George Martin and the NFL Alumni Board showed up for a full-court press conference to show unity behind their beloved leader. FOX Sports was in attendance and A.J. Perez covered it (comic book version at the bottom of the post) :
.
.

NFL alumni board defends director

by A.J. Perez
Feb. 2, 2012
.
Members of the NFL Alumni Association board of directors voiced their support for executive director George Martin at a news conference Thursday, a week after a FOXSports.com report revealed possible mismanagement of the financially strapped organization.
.
“People can write whatever they want to write,” said Harry Carson, a former teammate of Martin’s on the New York Giants who pushed vigorously for Martin’s appointment in 2009. “You see all the individuals sitting here. We are backing this man 150 percent. We are his teammates and we are doing everything that we can to help our team, the retired players community, be successful.”
.
FOXSports.com reported that the NFL Alumni Association — which began to advocate for retired players in conjunction with Martin’s hiring — has slid deeper into financial disarray and has been propped up by NFL loans totaling more than $4 million over the past two years. Martin also funneled contracts to family members, according to the report, and the charity he founded received free Super Bowl tickets.
.
Five board members spoke on Martin’s behalf when asked about the report during the news conference. Afterward, one of the board members, former Baltimore Colts running back Tom Nowatzke, told FOXSports.com that the NFLAA ethics board addressed one of the conflict-of-interest claims made in the article: Martin’s use of his wife and daughter-in-law’s catering firm.
. continue reading »

Yesterday, a story made its way across the sports networks about an 11-page letter from attorney and player/agent advisor David Cornwell criticizing NFLPA Executive Director’s performance in general and his handling of the 2011 Collective Bargaining Agreement (CBA) in particular. Interestingly, one of the first posts about this memo actually came from the NFL.
.
Some of you may recall that when Gene Upshaw passed away suddenly just before the beginning of the Players Inc. trial and the NFLPA subsequently went through a long search process for a new Executive Director. Among some of the leading candidates were retired player Troy Vincent and attorney David Cornwell. DeMaurice Smith emerged as the winner much to the surprise of many people. Cornwell takes issue with Smith’s version of his successes in running the PA and the CBA negotiations, as well as how he’s kow-towed to the League on player discipline issues. Most retired players could add at least another 11 pages to your letter, Mr. Cornwell!
.

Cornwell takes issue with NFLPA leader Smith in 11-page letter

continue reading »

EDITOR’S NOTE: A copy of NFL Alumni COO Ron George’s Memo to Chapter Presidents arrived in our Inboxes this morning. Here it is in its entirety:
.
From: Ronald George
Date: Thu, 26 Jan 2012
To: Chapter Presidents
Cc: George Martin; Joe Pisarcik; Randy Minniear
Subject: FoxSports Article
.
.
Dear Chapter Presidents,
.
.
Below you will find links to two articles written by FoxSports.com that were posted today.
. continue reading »

FOX Sports‘ A.J. Perez and Alex Marvez kick off Super Bowl week with a scathing exposé on the inner workings of the NFL Alumni and its Executive Director, George Martin.
.
One question we keep wondering about: Just exactly how many retired football player members does the NFL Alumni actually have? The one thing even the NFLPA manages to be transparent about is its membership roster and they even provide an online list for all to see. But George Martin and his management team continue to cite numbers in the thousands, claiming that their membership is the largest collective group of retired players. But this article cites around $80,000 collected from May through September 2011. At $100 per member, simple arithmetic tells you that’s 800 members. But when you factor in the $5,000 fees from the remaining chapters who may have sent in their dues during that same period, one has to wonder how much of that $80,000 actually comes from individual memberships? We’ve heard from all too many sources that the membership has dropped to below 500 actual dues-paying retired players, with the remaining members classified as “Associate Members” that include fans and other non-retirees. Heck, if the NFL has given the Alumni $4 million in interest-free loans since George Martin took over, maybe it might have been cheaper to just pay each of the estimated 15,000+ retired players (just one estimate) $100 apiece to be members of the Alumni?
continue reading »

On January 13, 2012, I called the NFLPA office to inquire about the Legacy benefit. I was instructed to call Cynthia Timpson at the Bert Bell/Pete Rozelle office to discuss the matter. My late husband was a pre-93 player, and from my understanding the 2012 CBA agreement states, “All players who vested under the Bert Bell/Pete Rozell NFL Retirement Plan prior to 1993 would get an increase.” I anticipated her return call and was unprepared for her disrespectful remarks. I have never been so disappointed in the treatment I received that day; however, it should not have surprised me since that seemed to be the status quo whenever I have called seeking information from any of the NFL-related offices.
. continue reading »

OK – so here we go again. We posted Dan Pastorini’s story about wanting to opt out of the NFL Alumni’s Group Licensing Agreement (click HERE to read that earlier post). On their membership page online, the GLA was automatically attached as a part of the membership process with no option to opt-out of the agreement in order to join the Alumni. Dan pointed that out to the rest of us. And that’s when the knives came out.
.
Look, we don’t care who said what and exactly what the details may have been between Dan Pastorini and George Martin. And quite frankly, like most people, WHO REALLY CARES?!! But then two Alumni members, David Carter, President of the Houston Chapter, and Rod Smith, Carolinas Chapter President – both members on the Alumni Board of Directors apparently – decided to give a detailed He-Said-He-Said version of what transpired between Pastorini and Martin. And then Jeff Nixon decided to jump in on the Alumni blog and make it personal with Dave and me. Again. We only hope they’re paying you well over at the Alumni now, Jeff…
.
Here’s the real issue and this is what we’re absolutely 110% in agreement with Dan Pastorini: Attaching a completely unrelated and unsolicited Licensing Agreement to what’s supposed to be nothing more than a simple membership enrollment is just plain wrong! In fact, it’s downright sneaky, unethical and it actually violates consumer law!
.
Jeff Nixon decided to call Dan Thursday and Dan shared that conversation with us on Friday:
.
“Jeff Nixon told me that George had admitted ‘He may have made a mistake’ in tying the GLA to their membership enrollment.”
.
“If I almost missed it when I was signing up, then I wonder how many other players had already missed that GLA footnote? And that was my point! It was all a matter of principle.” Dan said. “As a matter of fact, if George is finally coming out and admitting that it was a mistake in adding the contract and they’re now planning on removing that hook, what about all the guys who have already inadvertently signed their GLA? I think the Alumni needs to invalidate all those copies of the GLA that they’ve acquired through their membership forms and then offer their GLA to its members separately. It’s not me I’m concerned about now. It’s any of the other guys who have already been locked into this GLA without their full knowledge or consent.”

Just sign here...

continue reading »

Dave -
.
After reading over the NFL Alumni’s Group Licensing Agreement, I decided to notify them that I couldn’t – and wouldn’t – accept their GLA which has developed virtually no revenue whatsoever for retired players. In fact, it looks to be clearly designed to impact and damage the Dryer v. NFL lawsuit on behalf of all retired players. Next thing you know, I’m being told by George Martin himself that I could no longer be a member of the NFL Alumni!
.
I’d like to suggest that other retired players might not want to be NFL Alumni members …unless they want to support the NFL’s ongoing poor treatment of retired players. We don’t want to be paying for George’s new Escalade and we sure don’t want another repeat of Gene Upshaw’s GLA “One-for-You-and-One-Million-for-Me” deals. (Click on Dan’s membership cancellation to enlarge for easier reading.)
.
.
Dan Pastorini
Oilers, Rams, Raiders & Eagles
1971 – 1984
.
EDITOR’S NOTE: Dan sent us some additional clarification on his Alumni membership:
.
I tried to pay my dues online but it wouldn’t let me unless I checked the GLA box! I then e-mailed them and asked why I couldn’t join without agreeing to the GLA. They informed me I could send a check. Then I got George’s e-mail stating I was no longer a member.
.
Dan
.
We uploaded a copy of the NFL Alumni GLA to Scribd for viewing and printing and to make it downloadable. You can also click the Fullscreen button on the left side of the menu to enlarge it for easier navigation (hit the ESC key to close)
.
NFL Alumni Group Licensing Agreement
.

Football damaged my brain and it didn’t have to happen

GEORGE VISGER, a former 49er, tells his story
.
Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story:
.
My football career began at age 11 in 1970 when I suited up for the West Stockton Bear Cubs, the first Pee Wee Pop Warner team fielded in Stockton, Calif. Of the 29 kids on the team, three went on to sign NFL contracts in 1980 (myself — sixth round, New York Jets; Jack Cosgrove — eighth round, Seattle Seahawks; Pat Bowe — free agent, Green Bay Packers).
.
During my third year of Pop Warner, I was hospitalized when I knocked myself unconscious during a tackling drill. The exercise was a needless bull-in-the-ring drill that was more of a gladiator competition for the coaches’ amusement than a means of teaching useful techniques to young players.
.
The coaches had us form a big circle about 25 yards across and numbered the 40 of us 1 to 20 on each side. When your number was called, you and the player on the other side with the same number sprinted directly at each other and hit head-to-head.
.
Concussions followed throughout my high school career, though I never missed a game or practice. In my senior year, we went 11-0 and ranked No. 3 in California. I was selected to the All-America Top 100 Team.
.
I entered the University of Colorado on a football scholarship in 1976 as a 6-foot, 5-inch 235-pound defensive tackle, majoring in biology. I was a starter for three years and suffered a number of minor concussions, but I never missed a play except after leg injuries.
.

Turning pro

continue reading »

January 11, 2012
.
To: Fellow Retired NFL Players
From: Bob Stein
RE: Legacy Benefit
.
Men,
.
As there have been many questions and some conflicting information flying around on this subject affecting vested players retired before 1993, I would like to provide the latest information I have received. This is not legal advice and I cannot guarantee its accuracy but it is what I was told and intended only to help keep you informed. In recent calls to the NFLPA (800-372-2000) and NFL Retirement Plan (410-685-5069) offices, I was told by both:
.
a) We must each complete and return the letter dated December 8, 2011 (I got mine December 26) from the Plan to begin the process. That letter asked for personal info and asked us to provide information for possible beneficiaries of the Benefit if we were interested in examining that option. If you didn’t get one, you should call the Plan office.
.
b) Once the Plan office receives the completed December 8 letter back from us, they will send us an election form, which is to spell out the effect on our benefits and show what beneficiaries would receive if we indicated interest in a beneficiary option. Even if we don’t choose a beneficiary option, we must return the election form to confirm that decision, what taxes we want withheld, etc. I was told the election forms should be sent to us about 2 weeks after we return the December 8 letter, but also that they were being processed “as quickly as the actuaries can do the calculations for beneficiaries and they can be processed.” I sent my Dec. 8 letter back on Dec. 27 and have not yet received my election form.
.
c) When the Plan office receives our election form back, they will send our first Legacy check, but they could not tell me if the first check would include the promised retroactive payments back to August or how long it would take to receive it. They did say that once our monthly Legacy Benefit payments begin, they will arrive in a separate check sent together with our monthly pension checks.
.
d) It got more confusing when they told me we can make different decisions on when to start pension benefits and Legacy benefits, BUT we cannot begin to receive Legacy benefits until we receive pension benefits. So apparently, if we already receive pension checks, we can take Legacy benefits now or delay them. But if we have deferred our pension benefits, we must also defer Legacy benefits at least until we start receiving our pension payments. Also, we can make different elections for each benefit regarding taking lifetime-only payments or naming a beneficiary and receiving lower payments during our lives.
.
I hope this helps.
.
As Hausfeld LLP and associated law firms have brought lawsuits challenging the right of the NFLPA to negotiate Legacy Benefits or anything else on behalf of retired players, they have suggested retired players include the following statement with our December 8 letter response, or if we have already returned the December 8 letter, to write to the NFL Player Retirement Plan adding it as an addendum. Their point is to avoid a possible NFLPA claim that following the process to receive the Legacy Benefit means we have accepted the NFLPA representing us in negotiating it. You should consult your own attorney with any question related to this language. I sent it as a follow-up addendum to my Dec. 8 response:
.
“By providing the personal information requested by the League with respect to the “Legacy Benefit” contained in the 2011 CBA, I am in no way waiving my right to challenge the level of that benefit or any other provisions of the 2011 CBA that affect my interests as a retired NFL player nor am I agreeing that the NFLPA had any authority to negotiate on my behalf the “Legacy Benefit” or any other provisions of the 2011 CBA that affect my interests as a retired NFL player.”
.
Happy New Year, good luck and good health to all in 2012.
.
Bob Stein
Kansas City Chiefs, LA Rams
1969 – 1975
.
.
.

Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
.
Published January 10th, 2012

Rep. Linda Sánchez

continue reading »

EDITOR’S NOTE: We just received this today from retired player John Griffin. We hope someone will review and provide comments on this set of documents. You can find suggested Addendum wording to add to your signed documents on an earlier post – click HERE.
.
Here is a copy of the second packet I received for the distribution of the Legacy Fund. I’ve whited out our personal information but thought you might post this and have someone look at it before we sign and return.
.
I did not send in that addendum with my first letter but I will when I return this document. I would certainly appreciate it if someone could comment before we return it.
.
Please let me know what you think.
.
John Griffin
LA Rams and Denver Broncos
1963 – 1967
.
We uploaded full copy of the cover letter and paperwork 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 (just hit the ESC key to close):
.
Second Legacy Letter & Documents
.
.

.
Larry Kaminski has been keeping us updated on his battle against the Denver Broncos filed in California under their Workers Compensation laws. The Broncos current ownership is trying to have their case heard and dismissed in Federal Court based on their claim that when they bought the team, they only acquired the assets and not the liabilities (yes, just when you don’t think it can get any dumber). Read the earlier post – click HERE.
.
Here’s a short update from Larry for those of you also going through Workers Compensation cases or considering that as an option:
.
Fellow Independent Retired Players:
. continue reading »