Concussion Collision

2 October 2013

1959 Three Stooges
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So the end of September has come and gone. No sign of any details on that incredible once-in-a-lifetime $765 million proposed settlement offer to retired players for concussion damages that was supposed to have been available by the end of September. More retired players have died in the meantime. But no worries: Maybe they’re waiting to watch the documentary and read the book. Next week on October 8th, PBS will air their entire two-hour documentary League of Denial on Frontline and the accompanying book from Mark Fainaru-Wada and Steve Fainaru will also be available online at Amazon: League of Denial: The NFL, Concussions and the Battle for Truth

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As with most lawsuits where there’s lots of money involved, a lot of coattail riding has gone on with the NFL concussion lawsuits and some have questioned why we’ve been so adamant in recommending Jason Luckasevic and his firm Goldberg Persky White (and his partners Girardi Keese and Russomanno & Borrello) to represent you. Jason was the original attorney who spent years of personal time in researching and pulling together all the details and partners necessary to finally file a solid lawsuit on behalf of his first clients. And if anyone tells you otherwise, you’ll be able to read four chapters in the Fainaru Brothers’ book dedicated to the behind-the-scenes stories leading up to the filing of those first lawsuits.
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You can also read the full accompanying article on ESPN – click HERE.
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BREAKING: From the Associated Press and just released on FOX Sports:
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FOX Sports

NFL, players reach proposed $765M settlement of concussion-related lawsuits

Published August 29, 2013
Associated Press
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PHILADELPHIA – The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday.
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The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.
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Here are the most recently finalized briefs submitted for filing this week. They were written in response to the latest series of motions made by both the NFL and Riddell in the collective concussion lawsuits filed over this past year against the NFL and Riddell.
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We uploaded copies of three briefs to Scribd for easy viewing and to make it downloadable for 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).
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Brief in Opposition to Riddell Motion to Dismiss LMRA 301 Preemption
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I was talking to my attorney, Jason Luckasevic, over the weekend to get an update on how things have been progressing with our concussion lawsuit against the NFL and Riddell. I made a personal decision to file with Jason and his firm Goldberg, Persky & White after talking to several firms as well as doing a lot of research on the reputations of many of the firms that have now jumped on board. One of the biggest reasons for my choice is the fact that Jason and his firm (along with their partners in this suit: Girardi Keese and Russomanno & Borrello) were the original firms who filed the first concussion lawsuits back in July of 2011.
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I’m having Robert attach copies of the original suit along with the second suit filed in August 2011 when I joined as a plaintiff so our readers can see the dates and the amount of detail that went into their filings. Take a look at the dates of filing that other law firms have on their suits and take some time to look over their claims; you probably won’t be too surprised to see that most of the other lawsuits were filed much later than these suits and in most cases, you will also realize that many of the later ones were simply cut-and-paste efforts with little original work or claims. And of course, many of them also fall short on substance. So yes – cribbing continues in the legal field even after college (and it’s not just the jocks who do it)! Whenever I’m asked by players who have not signed up with a law firm yet as to why I chose Jason and his firm, my simple answer is: “Why wouldn’t you want to go with the guys who actually wrote the lawsuit and can explain it best in front of a judge instead of someone who just copied someone else’s homework and might not even be able to explain it to his own mother?” And a vast majority of these other firms haven’t even included helmet manufacturer Riddell in their suits.
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Anyway, during our conversation, we discussed rumors concerning the involvement of firms who were fighting for us. To set the record straight, Jason explained the depth of their involvement with this very complex litigation and I’m going to try and tell everyone about it in layman’s terms: For example, a representative from one of these three firms is involved with each of the committees including executive, legal, discovery and experts to name a few. And as I said earlier, Jason was instrumental in the thousands of hours of research and the writing of the original complaints before they were finally filed on July 19 and August 3, 2011. In fact, Jason and his firm just spent the past week writing the first draft responses to the latest motions filed by the NFL and Riddell.
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Short of doctoring copies of their own official filings, you’ll see that most other firm’s filings were made well after these original suits were stamped. Like many of you, I’m just sick and tired of the flurry of ambulance-chasing wannabes who want a piece of the action by riding on the coattails of the people who actually do all the work. No doubt all of you have been receiving solicitation from other players now telling you to sign up with this firm or that firm because they said so. I’ve even gotten solicitations from my local NFLPA reps lately! Why would anyone want to sign with someone who might sell you out for the first deal that puts money in their pockets?
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I strongly urge everyone to make their own informed choice and do so quickly. There may be a statute of limitation that may be closing soon (if it hasn’t already!).
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EDITOR’S NOTE: We’ve uploaded copies of the original suit from July 19, 2011 and the second suit from August 3, 2011 to Scribd for easy viewing and to make them downloadable for 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):
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Original Concussion Suit vs NFL Riddell July 19 2011
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Second Concussion Suit vs NFL Riddell Aug 3 2011
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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.
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