Dave Pear's Blog

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.
.
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):
.
Brady Settlement for 2011 NFL/NFLPA Collective Bargaining Agreement
.

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.
.
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.
.
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.
.
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.
.
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):
. continue reading »

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.
.
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.
.
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):
.
Gault McElhenney Brown Et Al v NFLPA
.
.

Judge Susan Nelson’s court in Minneapolis MN just ordered parties to the earlier enjoined lawsuits to a case management conference on Aug. 10, 2011. What’s interesting to note is that Judge Nelson anticipates ordering all parties to bring participants who have settlement authority to a mediation hearing before Judge Boylan in Federal Court on Aug. 15, 2011.
.
Since all the active players’ issues are presumably now settled, it would seem that the only remaining issues to be discussed, negotiated and settled are retired players’ claims.
.
We’ve uploaded a copy of both letters to Scribd for easy viewing and to also make them downloadable. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to enlarge it for easier navigation (just hit the ESC key to close):
.
Order Setting Case Management Conference and Mediation
.

This piece just arrived from The Boston Globe’s Ron Borges. Mixed in between the lines on the great news about a quarterback- Tom Brady – finally breaking ranks with his counterparts is another completely separate story: It’s one of the best outlines detailing some of the sordid history of side deals that set the stage for the upcoming lockout. You couldn’t make this stuff up!

.

continue reading »

I was watching the Indianapolis Colts and Miami Dolphins game where Peyton Manning surpassed the great Johnny Unitas’ record for all-time franchise wins. Manning later said that he was “Humbled.”

But aside from this minor mention of Johnny Unitas’ long-standing achievement, little is said or acknowledged of the shameful treatment that he endured over his lifetime from his own Union, the NFLPA. Many of the players like Peyton Manning who have followed in Unitas’ big footsteps never truly recognize the sacrifice and abuse that this sports legend put up with while he was alive so that future players could make the big bucks they do today.

continue reading »