Dave Pear's Blog

Dave -
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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!
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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.)
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Dan Pastorini
Oilers, Rams, Raiders & Eagles
1971 – 1984
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EDITOR’S NOTE: Dan sent us some additional clarification on his Alumni membership:
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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.
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Dan
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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)
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NFL Alumni Group Licensing Agreement
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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.
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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.
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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.
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Please let me know what you think.
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John Griffin
LA Rams and Denver Broncos
1963 – 1967
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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):
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Second Legacy Letter & Documents
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As I had mentioned in an earlier post, a deposit showed up last Friday in my bank account that wasn’t quite as much as my normal disability payment (and they always show up on the first of the month). It wasn’t until yesterday that a letter arrived in my mail to explain what several of our readers had also just received. No doubt, some genius in the front office figured they’d better get these payments out just before yearend so they could get some tax benefits for 2011.
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For those of you who still haven’t received your letter yet, we’ve uploaded a copy 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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Dave Pear’s Disability Increase Notice
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We also understand that the new Legacy Benefits will be calculated retroactively to Aug. 1, 2011 but we’re not sure when those retroactive payments will start showing up or exactly when the first increased pension checks will start arriving. We hope everyone will continue to share their own experiences with the other retired players and their families. Once again, it looks like the retired players are the last to be informed and the last to be paid. That’s why they pay DeMaurice “Upshaw” Smith those big $1 million bonuses. (Click comic to enlarge)
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We now have a publicly available copy of the Settlement Agreement details and the subsequent Collective Bargaining Agreement (CBA) made when the CBA was ratified. The individual active players (Brady et al) agreed to drop their suits that were filed against the NFL when the Union decertified during the lockout. We’re posting this for weekend reading and look forward to your comments and observations. Note that it was Jeffrey Kessler who filed this without any seal.
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We’ve uploaded the entire 201-page document 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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Brady Settlement for 2011 NFL/NFLPA Collective Bargaining Agreement
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Here’s a yearend update from Hausfeld LLP and Zelle Hofmann including articles from disability attorney John Hogan and George Visger.
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We’ve uploaded their newsletter 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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The Voice – NFL Retiree Newsletter, Vol 1, Issue 2
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EDITOR’S NOTE: Dave has been talking with Bette Schwager over the past few weeks about her treatment (or mistreatment) at the hands of the NFLPA and the Players Assistance Trust (PAT). We asked her to write the story in her own words so that our readers can understand just a little of the senseless treatment she and her family have been put through by the NFLPA and their so-called assistance programs this past year. Bette’s husband, Bruce, had played football at the Merchant Marine Academy before being drafted by the Chicago Cardinals in 1955. The Cardinals refused to take him off their reserve list even as he went in to service with the Navy from 1956 – 1958. So Bruce became another one of the pre-’93 players (pre-’72!) who was actually on the roster and vested with enough years but never granted vesting. You can read the full story from Alan Schwarz in his June 2011 New York Times article – click HERE. We’ve also posted a copy of the 2-page Release Letter that the NFLPA tried to get Bette to sign after Bruce passed away before he was to be evicted from his dementia care facility because the NFLPA stopped paying his bill. After you read Bette’s story and the Release Letter, you’ll understand why we’ve been cautioning everyone to be extremely careful of signing anything from these people without close scrutiny and advice. continue reading »

Some of you have already received your first letter from the NFL/NFLPA Benefits Office. The letter appears to be a standard letter that declares how your funds will be paid out by the Bert Bell/Pete Rozelle NFL Players Retirement Plan. (Thanks to John Griffin for getting a copy of his letter to us so quickly!)
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Attorney John Hogan was gracious enough to do a quick review:
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“I don’t see any release or anything suspicious here.  Just make sure that you answer all the questions honestly and accurately.”
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We’ve uploaded a copy of the 2-page form 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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NFL/NFLPA Legacy Fund Benefits Letter
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You would think that the NFLPA would have learned by now that any time they let attorney Jeffrey Kessler into a lawsuit, they may as well count on things taking longer and costing more. In case there are still some of you out there who aren’t familiar with Kessler, he represented the NFLPA in the Player’s Inc. lawsuit when retired players sued the union and their “Licensing Arm” for past video game royalties that the Union had intentionally defrauded from its players for years. Kessler and his firm were paid handsomely for losing the case that awarded $28 million+ in royalties and damages awarded to the players. And his brilliant answer to losing the case before then-newly-appointed Executive Director DeMaurice Smith (and white collar crime attorney) decided to settle the case? Appeal.
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So then Kessler gets into the middle of the NBA lockout to “represent” the players and that drags into basketball season. Here’s a recent article from ProFootball Talk that pretty much sums up what everyone thinks of Kessler: Click HERE.
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The question we have to ask is: What have they got to hide? Or more to the point: What does Kessler personally have to hide? In any problem, you’re either part of the solution or you’re part of the problem. We think Kessler and his group ARE the problem.
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So last week on Dec. 2nd after much posturing from both sides, Judge Susan Nelson allowed a Motion to seal all further filings and proceedings in the current class action suits filed against the NFLPA, Tom Brady, Mike Vrabel and DeMaurice Smith.
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We’ve uploaded Judge Nelson’s order along with the pleadings from both sides to Scribd for easy viewing and to make it downloadable for printing.) Shawn Stuckey’s detailed arguments and the attached Exhibits make for some good reading. Great job, Shawn!) 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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EDITOR’S NOTE: Several weeks back, the NFLPA put out a request to local chapters for three questions to send along to their big meeting in Washington DC. Disability Attorney John Hogan actually had a few questions to point out in the new CBA. John also has some observations from a recent case that was “approved” by the Disability Board:
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1. The CBA contains some significant changes in disability – specifically, there will no longer be a requirement to show that your disability is ALL football-related. Why weren’t these changes made retroactive so that guys who are disabled but denied football degenerative might be able to get a better deal?
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Over the past couple of weeks, absolutely nothing of any serious significance or substance out of the NFLPA regarding retired players pensions especially that new Legacy Fund, other than a lot of the same chest-thumping and empty rhetoric that everyone has been hearing since the lockout ended late this summer. It would certainly seem like the lawyers have taken over once again and put out that Say Nothing Memo.
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There was a meeting of the Seattle Chapter (probably much like other chapter meetings across the country) where the usual 8 members – out of approximately 48 NFLPA members listed in the Seattle area – showed up and voted on a few things that we’re sure will make a huge difference to all retirees: The meeting introduced some Business Opportunities (Hair Products!), the Touchdowns for Homes Programs, as well as some discussion on the School of Legends program. We also finally have some backhanded acknowledgment from the NFLPA HQ about loss of hearing from football (a shiny new discount hearing aid program!).
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Both the NFLPA and George Martin’s NFL Alumni have been trying to take credit for everything being offered to retired players from the new CBA. In the meanwhile, they’ve also done their best to ignore what retired players have actually been demanding long before this current CBA while never really putting their cards on the table about what it is that they’ve actually decided for retirees – without their direct input. The Union simply refused to be in the same room while discussions were being held directly with Commissioner Goodell and now they continue to play a let’s-wait-and-see attitude by blaming the League for holding up the final agreement. And they continue to take credit for the wonderful things they’ve done for retirees all while they weren’t a Union (during de-certification!).
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Meanwhile, back at the Alumni ranch, George Martin’s $250,000+ annual salary and bonuses are apparently not enough so he also had to do some endorsement work. George has been driving around in a brand-new $65,000+ Cadillac Platinum Edition Escalade ESV for the last week or so since the Alumni Golf Tournament tweeting all about his praises for his loaner wheels much to the delight of Government Motors. (Read the official NFL Alumni Press Release by clicking HERE.) FOX Sports’ Alex Marvez had a few more words to say about that ride:
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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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It seems that the PA is still managing to put out as much as they can without saying anything while still blaming everyone else for holding the process up. Oh wait – they’re in Washington DC! That’s what EVERYONE does up there! We forgot!
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So over the past week, we’ve received a few more ‘communiques’ from our local NFLPA chapter via Sam McCullum and it always seems that the guy in the room with no vote or real voice on any matters has the clearest take on everything. Jim McFarland – retired players’ representative – has provided some of the clearest analysis on what’s proposed in the final CBA for the Legacy Fund and how it will affect pre-93 players. Here are the e-mails and comments starting with the latest first. We also included a copy of that meeting proposal document referenced in the most recent e-mail and have loaded it up to Scribd for easier reading and printing.
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One more thing: And the NFLPA and Sam McCullum says none of you should be reading any of the blogs to get your information. Of course, they didn’t attend what may have been one of the most important meetings of the year regarding retirees because they didn’t want to hear what everyone else wanted them to hear so they can’t tell you about it. (?!!)
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EDITOR’S NOTE: We just received an update from disability attorney John Hogan on another of his recent disability applications on behalf of another retired football player. He also included a copy of the Disability Board’s short 3-page boilerplate ruling.
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Attached is a recent decision I received from the Bell/Rozelle NFL Player Retirement Plan’s Disability Initial Claims Committee (DICC) finding that a former player was entitled to Inactive Benefits. (It was filed prior to Sept. 1st, so the new CBA rules do not apply and we are seeking Football Degenerative benefits.) continue reading »

Some reading material for your weekend. We have a recent newsletter from Hausfeld LLP and Zelle Hofmann that provides an update on much of what’s been happening with the retired players’ lawsuit as well as recent information and links of interest to football players and fans alike regarding concussions. They also provide some straight-forward analysis of the new CBA and how it will affect retirees’ benefits that you probably won’t be hearing from the NFLPA any time soon.
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And Sports Life Magazine’s Rick Kelsheimer spoke with us last month about Dave’s long battle with the NFL and the NFLPA and was gracious enough to provide us with an advance copy of his story that will appear in the October 2011 edition.
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We uploaded full copies of the newsletter and the Sports Life article 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): continue reading »