Dave Pear's Blog

Over the weekend, the retired players and the attorneys involved with the Eller et al vs. NFL et al class action lawsuit released a letter addressed to all retirees to outline a call for unity as well as to provide an update on the facts and actions to date.
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Dear fellow retired players,
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We have been asked by many of our fellow retired National Football League (“NFL”) players to provide more information about what the Eller v. NFL lawsuit is meant to accomplish and how the lawsuit will help benefit all retired NFL players. What follows is our attempt to do so.
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On March 28, 2011 the national law firms of Zelle Hofmann Voelbel & Mason LLP and Hausfeld, LLP, filed a class action on behalf of all retired NFL players against the NFL in federal court in the District of Minnesota to bring about wholesale improvements of the NFL player retirement system.
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This lawsuit came after the CBA negotiations between the NFL and NFLPA broke down, the Union decertified and the League subsequently locked the players out. The complaint seeks to do for retired players what the Reggie White class action lawsuit did for current players in the early 1990’s: create an organization and system whereby retired NFL players are able to advocate on their own behalf and therefore vastly improve the current landscape of the NFL retirement system. This class action – known as Eller et al., v. NFL – was consolidated with the class action on behalf of current players called Brady, et al vs. NFL. (Consolidated simply means that the cases are heard together and the NFL is better positioned to try and resolve both cases simultaneously – although the retired players are asking for and addressing different issues than the current players.)
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Recently, the largest collective group of representatives of various organizations for retired players or who have mass online audience met in Minneapolis. The group included representatives and/or members from the NFLPA, NFL Alumni, the Retired Players Association, Fourth & Goal, Gridiron Greats, Dignity after Football and DavePear.com/Independent Football Veterans. Most of the participants agreed to present the League with united proposals for changes in key areas affecting the well-being of retired players:

• (a)    pensions;
• (b)   disability benefits;
• (c)    medical benefits;
• (d)   medical monitoring; and
• (e)    vesting calculations.

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On April 4th, representatives of the National Football League acknowledged the need to provide “important improvements in retired player benefits.” They stated it was the “fair” and “right” thing to do in “respect” and “recognition” of their contributions to the game. The League said the retirees “voice” needs to be heard.
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On May 25th, the largest collective group of representatives of retired NFL Players ever assembled met a second time to reach a consensus on a series of united proposals for these needed improvements.
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The League has said that everyone needs to “focus on negotiations” because “there is a deal to be made.” We agree. The retirees therefore unanimously agreed to submit to the League a detailed framework for changes in retiree pensions, medical coverage and benefits, and disability programs. The framework will also include a component of medical monitoring for retirees that is designed to detect or prevent illness or disease at its earliest stages and provide for timely treatment.
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The retirees invite the League to be available for meetings beginning as early as Tuesday, May 31, to discuss this framework, exchange ideas and comments, and be best prepared to reach resolution when mediation formally resumes on June 7th and 8th in Minneapolis.
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As expressed in the April 4th letter from the League to the retirees, the League wished to hear the “voice” of the retirees. We are speaking. It’s now time for the League to listen.
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Any questions concerning this press release should be directed to Michael Hausfeld at Hausfeld LLP (202) 540-7200 or Daniel Mason, Mark Feinberg, or Shawn D. Stuckey at Zelle Hofmann Voelbel & Mason (612) 336-9100.
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Retired NFL Players’ Representatives’ Unite!
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The largest collective group of representatives for retired NFL players ever assembled met yesterday in Minneapolis, Minnesota and agreed to unanimously support the class action litigation brought by retired NFL players against the League and its member clubs. That lawsuit is now pending before Judge Susan Nelson in federal court in Minneapolis.
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Among those present were:
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From retired Bengal & Buccaneer Tony Davis: Nolan Harrison III is “Senior Director of Former Player Services” who recently commented on a post by Dave Pear on Dave’s Blog. (Click HERE to read Nolan’s original remarks to Dave.) I also have some questions I would like Nolan to answer.

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A very quiet news announcement hit the wires this past week that could have major repercussions for active players in upcoming contract negotiations. First, here’s the headline and a clip from the original release on Reuters:

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One of the presentations that drew a lot of attention during The Summit was from Bruce Laird of Fourth and Goal. Fourth and Goal has been in ongoing discussions with the NFL to use the NFL Alumni organization as a possible platform for advocacy of disability and pension reform. At the conclusion of The Summit, the group voted to continue moving forward without embracing any single organization at this early stage while encouraging and supporting all organizations that will advance retired players’ issues. (You can look at the evolving Summit blog by clicking HERE and you’ll find Bruce Laird’s presentation under the PowerPoints tab – or click HERE.)

Bernie Parrish has already voiced some of his strong opinions in no uncertain terms (HERE and HERE) and this is definitely going to make it a very hot summer topic. There’s no middle ground or gray area on this one. Do the retired players embrace an existing organization that has been looked on as another business-as-usual club for elite members or will they be embracing an organization that’s been reborn into something that can actually serve the membership at large with complete transparency and representation for each and every one of its members? Only time will tell and everyone’s watching closely.

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We’ve been asked many times over the past few weeks about the status of the Independent Summit for NFL Retired Players. It can now be announced that it will take place in Las Vegas on May 28 – 31. Those involved in helping to organize this effort to get all of us together as an Independent Group of NFL Retired Players include me, Tony Davis, Joe DeLamielleure, Dave Pear, Disability Attorney John Hogan, Jeff Nixon, Ben Lynch, Marvin Cobb, Bob Grant, Abner Haynes and Bruce Laird. There are a lot more NFL Retired Players who have assisted in multiple ways with this effort and too many to mention in this announcement. Many of these men have helped by consulting with us. We communicate almost daily and are working to make sure that this event will provide a new direction for NFL Retired Players. What also must be mentioned is that others have been asked to be a part of the organizational process but have chosen not to participate.

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There’s been a lot of discussion on the need for a first meeting for retired players and several groups and individuals have been trying to get that organized. This won’t be a small feat. Logistics, costs and last but not least – egos – will need to be managed and accommodated.

But in the end, few people will deny that any steps forward will be a step in the right direction. Here’s an e-mail that Bob Grant had sent out in late November asking for players to sign up as well as to send their comments. We’ve also posted a simple form at the end of Bob’s request that’s easy to fill in and submit. Your information will not be sold or distributed to anyone else or used for any other purpose. (If you already filled out the form on this earlier post HERE, there’s no need to submit your information again – thanks!).

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Bob Grant ventured out to Commissioner Goodell’s Players meeting last Wednesday in Newport Beach, California. Among other things that happened at this meeting was the fact that spouses were quietly allowed to attend and speak. Here’s Bob’s report:

Dear Fellas and Supporters,

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CNBC’s Darren Rovell just posted a list of the Top 10 Retired Football Players payments based on public numbers available from the U.S. Dept. of Labor. (Read the article by clicking HERE)

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Here we are coming in to a New Year and looking behind us at how much has happened in the past year. We’ve seen a recent flurry of comments and e-mails among a lot of the retired players discussing the current state of affairs within the NFLPA, not the least of which has been the disability benefits and the ongoing selection process for a new Executive Director. And the Commissioner keeps on rolling from city-to-city attempting to put on his dog-and-pony show about his compassionate concern for the disabled players. Wow! It’s been quite a year.

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More keeps coming out on the touchy-feely meetings that Commissioner Goodell has been conducting with the “Alliance” in league cities across the country. The first meeting held in Dallas ended with Disability Attorney being invited – and then uninvited – by John Wooten (read about that HERE) and as revealed in a series of interesting e-mails that followed the meeting (read about that HERE). Then a dull second meeting in Chicago and a more interesting one last week in Baltimore. The spouses of several players with dementia confronted the Commissioner outside of the meeting room about being denied a voice in the process. And then the New York Times backed it up with the revelation that it was the Alliance who decided to close the meetings to everyone except retired players (read about that HERE and HERE).

Behind the scenes, there’s been a flurry of e-mails and phone calls between the retired players and some members of the “Alliance,” discussing and rationalizing the secret decision to keep the meetings closed. And lots and lots of backpedaling and finger-pointing. We’ve got one interesting exchange that came from Alliance member John Wooten trying once again to explain his way out of another ridiculous situation. Tony Davis’ response is first and Wooten’s e-mail follows at the end. Tony is expressing an opinion that the majority of retired players all seem to share. So why weren’t the other players even consulted before the Big Brother Alliance decided for them?

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Fellas,

A number of months ago I told you all that Gene had actually stated to a group of his gangsters the following: ” We don’t have to worry about dividing those assholes because they have divided themselves.” Let’s not let him be proven right.

I also stated to all of you some months back that I was a “Bernie Parrish Man” all the way. That has not changed. Upshaw, the NFLPA and the NFL feared – and fears – Bernie more than it does any man alive. That’s a fact. The NFL even offered to negotiate directly with the retired players if someone could get Bernie to “go away.” Ha ha ha. Fat chance of that ever happening. No one can dispute the commitment that Bernie, Herb and Walt had before any of the rest of us even dreamed that we could really take these Gangsters…

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Dave,

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