latest-newsThe NFL’s $765 million concussion settlement offer was announced a little over 24 hours ago and the firestorm of coverage and analysis is the talk of the media already. We won’t be privy to seeing the actual Settlement Offer until after the hearing in Philadelphia in front of Judge Brody’s court on Tuesday, Sept. 3rd. In the meantime, we’ve compiled a short collection of some of the articles that bring up a lot of observations and opinions based on the initial details released with the announcement.
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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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Judge Judy Shake My HeadWell, it looks like retired players may finally be getting the NFL’s attention. When they start trying to censor the conversation, you know they’re getting worried. After years of simply denying and spinning out fiction with phony committees and lying “doctor” experts, the League started a new PR initiative to give the appearance of caring about their employees, the very ingredient that makes up the NFL Money Machine. You have new safety rules and even slick posters put up in all the team locker rooms. But absolutely nothing substantial has been done to address the consequences from decades of denial and ignoring the damage done to the lives of all the men from years past. . continue reading »

We kicked off the first day of our Conference with a great overview of the concussion lawsuits with two of the top attorneys in this litigation: Jason Luckasevic from Goldberg Persky White filed the first lawsuit against the NFL and was also to include Riddell in his filings. One of their two partners in the suits was Tom Girardi of Girardi & Keese (they were joined by Russomanno and Borrello, P.A.). (You can read all biographies by clicking HERE.) This was an incredible hour+ to kick off what’s shaping up to be our best Conference yet. You’ll understand the reasons why so many of the retired players have chosen to sign up with these firms to represent them.
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YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video.
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EDITOR’S NOTE April 16, 2013: As many of you may have noticed, the original audio we posted was cut short to around 49 minutes. We’ve just added the second portion of 23 minutes and now have the entire 1 hour-13 minute hearing in one file below.
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Listening InFor those of you who couldn’t make your way into a VERY crowded courtroom, we have an audio transcript of most of the arguments presented to US District Court Judge Anita Brody in Philadelphia PA last Tuesday, April 9, 2013. Presenting on behalf of the Players/Plaintiffs is attorney David Frederick and presenting for the NFL is attorney Paul Clement. (Just click the PLAY arrow to start the 49-minute recording. You can also download a copy of the MP3 file for listening later simply by right-clicking ‘Download‘ under the player and saving a copy to your computer.)
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It will be weeks – if not months – before Judge Brody makes a ruling on whether the lawsuits can proceed to the next stage or be dismissed. But based on what both sides presented in this key hearing and some of the judge’s remarks and questions, we think the players’ attorney hit it out of the park!
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You can also read an overview of the hearing from Associated Press by clicking HERE.
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Our 2013 IFV Conference Concussion Lawsuit Panel will bring everyone up to date on the latest developments in the suit and will be answering any questions our audience will have for them! You don’t want to miss it! Make your reservations today so you can get the best airfare and room rates before the discounts expire this Tuesday - click HERE!
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EDITOR’S NOTE: Today, we’re announcing two more of our Concussion Lawsuit panelists. A reminder: There is NO attendance fee for retired players and their guests and approved media (and we still won’t be playing golf either!). But you have to book your travel arrangements NOW and register for your admission badges before rates go up. Links to signing up are at the end of this post.
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By way of introduction, most retired players know that for decades, the NFL has not only been denying the connection between concussions and long-term brain damage but they went so far as to aggressively put up a campaign to not only discredit scientific papers by professionals like Dr. Omalu but they also funded their own phony MILD Traumatic Brain Injury Committee with co-chairs that included the infamous Ira Dr. No Casson. Then a couple of years ago, the NFL funded Sports Legacy Institute’s long-term study of CTE (after denying it) with a $1 million grant with the caveat that “But we won’t have complete studies for many years because no one can detect CTE in a live brain.” Of course, the game changer is that earlier this year, a new CAT scan technique was announced that could detect CTE in live subjects (Dr. Omalu will be addressing this at our Conference). But not to be outdone by the NFL throwing $30 million at the NIH after Junior Seau’s tragic suicide, the NFLPA announced a $100 MILLION grant for further brain studies at Harvard (all with money that could have gone to retired players, of course). With this kind of collusion, it’s small wonder that the NFL is doing another slow reverse to once again deny the link between concussions and long-term brain damage. Worse still, with all the flip-flops, the NFL is going to use a last-ditch effort in the courts to argue that this issue was covered under the current – and past – Collective Bargaining Agreements (CBA) and their fraud and coverups shouldn’t even be tried in a court of law in front of a judge and a jury! Yeah right – like long-term fraud and deception on your former employees are covered under a CBA!
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Now it comes out that two of the people who recently did consulting work with one of the Philadelphia law firms involved with the NFL concussion litigation have also been working with the NFL.
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Are any of you still convinced that the NFL has players’ best interests on their minds? (Well, maybe Deion Sanders and Herschel Walker…)
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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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