Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Friday, June 22, 2012

Retirees appeal dismissed lawsuit vs. players union

MINNEAPOLIS -- The retired players whose lawsuit against the NFL Players Association was dismissed last month have filed an appeal.

The group led by Hall of Fame defensive end Carl Eller filed Thursday with the 8th U.S. Circuit Court of Appeals in St. Louis.

U.S. District Judge Susan Richard Nelson rejected their claims that the current players and their attorneys had no right to bargain with the NFL about retiree benefits last summer because they weren't legally a union then. Nelson in her May 29 order denied their right to hundreds of millions of dollars in additional post-career benefits they argued they were cheated out of during lockout talks last year.

The retirees contended they were pushed out of negotiations to streamline the mediation process despite a court order for their inclusion

Copyright 2012 by STATS LLC and The Associated Press. Any commercial use or distribution without the express written consent of STATS LLC and The Associated Press is strictly prohibited.

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Saturday, May 19, 2012

Concussion lawsuit plaintiffs an eye- opening cross section of NFL past

Raymond Clayborn is one of at least four members of the Patriots' 1985 team in the lawsuits. (Getty Images) Raymond Clayborn is one of at least four members of the Patriots' 1985 team in the lawsuits. (Getty Images)

By now you know former players -- lots of them -- are suing the NFL over the long-term effects of concussions. What you might not know is who -- other than names listed in various media reports -- these litigants really are.

So I would like to add what this story is missing -- context, back stories to go with names you may have heard while driving the kids to school. Or scanning a message board. Or quickly reading a story. There are more than 2,000 players suing the NFL claiming, mostly, that the league engaged in a concussion coverup.

Some of the names are incredible -- Super Bowl MVPs, Hall of Famers, Pro Bowl performers. Everyone from punters to linebackers to wide receivers.

They are smart men: lawyers, actors, businessmen, analysts. Some played five years, 10, more. In some cases, they made it to Canton. In others, they went back to Scranton. They all have two things in common:

• First, at one point, they dedicated their lives to the NFL.

• Second, they are now all suing the NFL.

It is an interesting mix of stars and non-stars, long- and short-timers. Some left football physically broken. Others have died since departing the sport, their estate suing the league. One rallied a city after a devastating hurricane. One starred in a sitcom. Another would be convicted of manslaughter in a shooting then have the conviction overturned by a judge. Others have gone on to careers a sports media personalities.

A picture develops of men who spilled blood for the league but believe -- right or wrong -- that the same league misled them about just how dangerous the game truly was. The NFL denies this.

Some of the names will genuinely surprise you. Some may not. Some will bring back memories of championships and historic plays and Super Bowl moments.

We looked at the entire list of plaintiffs obtained from news reports and the site nflconcussionlitigation.com, which has expertly tracked every concussion lawsuit. We picked 50. Then the names were Googled, Wiki'd, put through LexisNexis and several football databases for more information.

Here are 50 of those men, with a little more about who they are, what they did for the game -- or both.

1. Art Monk, WR: The best receiver in Washington Redskins history. Monk was a physically imposing presence who delivered as much punishment as he took. Throughout his career, the quiet Monk shunned publicity. He made the Hall of Fame in 2008.

2. Mark Rypien, QB: A teammate of Monk's and one of several cases where teammates are suing the league. Rypien was NFL MVP in 1991 and won a Super Bowl with the Redskins.

3. Brad Culpepper, DL: A nine-year player in the NFL, mostly with the Buccaneers, and started 87 games. Was a union rep for two NFL teams and is now a prominent lawyer in Tampa, Fla.

4. Jim Arnold, P: Played 12 years, mostly in Detroit, in the 1980s and '90s. Was a two-time Pro Bowl selection. He was also an All-American at Vanderbilt. One of only a few punters suing the league. If you don't think a punter can get a concussion, watch this.

5. Tony Dorsett, RB: A mainstay for the Cowboys in the late 1970s and '80s and one of the most recognized players of all time. Dorsett is one of a handful of players in the Hall of Fame who are suing.

6. Eric Allen, CB: Was one of the best cover corners of his generation and currently an ESPN analyst.

7. Ottis Anderson, RB: A hard-charging runner who played mostly in St. Louis and then with the New York Giants. He became famous in Super Bowl XXV against Buffalo with one of the hardest runs ever in the title game. He was named Super Bowl MVP.

8. Keith Byars, RB: Played 13 seasons in the NFL for four different teams. He was a favorite of Eagles fans and played in a Super Bowl with the Patriots.

9. Alex Karras, DT: A Pro Bowl defender for the Detroit Lions in the 1950s and '60s. Was perhaps most known for acting. Played the character Mongo in Blazing Saddles and starred in the sitcom Webster. Made the 1960s All-Decade team.

10. Mark Duper, WR: Played in Miami with Dan Marino and Mark Clayton. Duper and Clayton were nicknamed "The Marks Brothers." He made three Pro Bowls.

11. Joe Horn, WR: Picked for the Pro Bowl four times while playing with the Saints and became one of the public faces for the franchise in the aftermath of Hurricane Katrina.

12. Jim McMahon, QB: Key figure on the Chicago Bears' Super Bowl XX champions, maybe the best team in the Super Bowl era.

13. Rodney Hampton, RB: I covered Hampton when he was with the Giants and I always believed no player I was ever around was tougher. Once interviewed Hampton while he was in a hospital bed suffering from internal organ damage after he was smashed in the lower back with a helmet.

Bears legend Jim McMahon looks on at the 2011 NFC Pro Bowl practice in Hawaii. (US Presswire) Bears legend Jim McMahon looks on at the 2011 NFC Pro Bowl practice in Hawaii. (US Presswire) 14. Raymond Clayborn, CB: Played 15 seasons, made three Pro Bowl teams and started in Super Bowl XX with the New England Patriots.

15. Harold Jackson, WR: Made five Pro Bowls over 17 seasons with five teams.

16. Steve Nelson, LB: One of the more interesting cases. Nelson played for the Patriots, and his No. 57 jersey was retired by the team. When he left the game in 1987, Nelson eventually worked for a computer company. Nelson played in the NFL for 14 years and made three Pro Bowls.

17. Chris Calloway, WR: He was drafted by the Steelers in 1990 but played his best football with the Giants. I remember him as a tough player with mediocre speed who did the most with limited talent.

18. George Visger, DL: Played in the NFL for just two seasons with San Francisco in the 1980s, but despite the relatively short career, as he wrote in an illuminating open letter to Roger Goodell and union head DeMaurice Smith, he still sustained "9 emergency VP Shunt brain surgeries, 3 knee surgeries (including a GoreTex ACL transplant that they stopped doing in 1991) and multiple grand mal seizures. I was hung out to dry by the NFL, was forced to sue for WORKERS COMP to get brain surgeries # 2 and # 3 paid for – just 4 months after we won Super Bowl XVI – and recently spent 3 months fighting with the 49ers Workers Comp to get approval for a $3,700 three-day evaluation at Dr. Amen's clinic, AFTER already being referred there by my primary care provider. My fight for benefits continues to this day, despite the fact I won my Workers Comp case against the 49ers in 1986!"

19. Horace Copeland, WR: Played mostly for Tampa Bay. He celebrated most of his touchdowns by doing a back flip.

20. Barry Foster, RB: Played in the 1990s primarily in a reserve role, but was All-Pro in '92. Retired early due to debilitating injuries.

21. Keith Henderson, RB: Played for three years in the NFL with two different teams. One of hundreds of players suing who had just a few years of NFL experience.

22. Leonard Marshall, DL: Played on two New York Giants Super Bowl teams. Marshall is best known for his devastating hit that virtually ended the 49ers portion of Joe Montana's career. Marshall drilled Montana in the fourth quarter of the 1990 NFC title game, a hit so hard that Montana bruised his sternum, cracked ribs and broke a hand.

23. Dave Pear, DL: Has been one of the most outspoken critics of the NFL on how the sport handles injured and retired players. Pear says he has had spine and hip surgeries and in 2007 told Yahoo! Sports that "the NFL destroys families. I wish I had never played."

24. James Pruitt, WR: Played six seasons for the Miami Dolphins and Indianapolis Colts in the late 1980s and early 1990s.

25. Johnny Rembert, LB: Played in Super Bowl XX while with the Patriots. Is an assistant athletic director at Edward Waters College.

26. Jamal Anderson, RB: One of the highest-profile Falcons players in team history and, like some other runners who have sued the NFL, took massive shots during his playing days.

27. Don Majkowski, QB: Spent most of his career in Green Bay, where he became one of the team's most prolific passers. A torn rotator cuff and, later, a torn ligament basically ended his Packers career, paving the way for Brett Favre.

28. Matt Joyce, OL: Played for a decade in the NFL for four different teams. He is also alleging in the suit that when team medical officials administered the painkiller Toradol, it dulled pain to the point that players sometimes didn't recognize concussion symptoms:

"The plaintiffs have described the situation as one of being in a pregame locker room with players lining up to receive injections of Toradol in a 'cattle call' with no warnings of any sort being given," the suit says, "no distinguishing between different medical conditions of the players, and regardless of whether the player had an injury of any kind."

29. Jerome Pathon, WR: Twice had 50 catches, in 1998 and 2000, with the Colts.

30. Dorsey Levens, RB: Another Packer. Twice rushed for more than 1,000 yards and made the Pro Bowl in 1997.

31. Ryan Stewart, DB: Another highly interesting case. Stewart played for four years in the late 1990s. Currently, he is one of the most popular radio personalities in the nation, co-hosting the 2 Live Stews show with his brother. Stewart is also a contributor to ESPN.

32. Reggie Barlow, WR: Led the league in punt returns in 1997. He later became a college coach.

33. Aaron Beasley, DB: Played most of his career in Jacksonville and later founded an energy drink company.

34. Lomas Brown, OL: One of the most congenial players the sport has ever seen. When something needed explaining to the media, Brown stood at his locker and did it. When a block was missed, he stood at his locker and took the heat, even if he wasn't the one who missed it. Brown was the most standup of standup guys.

35. Kyle Turley, OL: Another vocal critic of the NFL culture, spent most of his career with the Saints.

36. Reggie Rucker, WR: Played most of his 12 years in football with Cleveland. After his retirement became a large media presence in the area.

37. Conrad Dobler, OL: The NFL would point to this case and probably smirk. Dobler is one of the dirtiest players in the history of sports. He once kicked Merlin Olsen in the head, among many other transgressions. Longtime Sports Illustrated writer Paul Zimmerman: "Conrad Dobler was mean dirty. He tried to hurt people in a bad way. He made teams that he played on better. He played hurt, didn't complain, but he was a filthy, filthy player." Thus the man who inflicted so much carnage on others is suing, saying it was football that damaged him.

38. Joe Ferguson, QB: He is on the Bills' Wall of Fame.

39. Fred Smerlas, DL: Smerlas made five Pro Bowls.

40. Brian Blades, WR: Spent 11 years in Seattle. Was convicted of manslaughter in a shooting. The conviction was later overturned.

41. Stanley Morgan, WR: Made the Pro Bowl four times and is in the Patriots' Hall of Fame.

42. Roosevelt Potts, FB: He weighed more than 260 pounds and banged heads in short-yardage situations.

43. Dwight Stone, WR: Former Steeler and Panther is now a cop in Charlotte, N.C.

44. Seth Joyner, LB: Was part of a hard-hitting Eagles team beginning in the late 1980s.

45. Jeremiah Trotter, LB: Former Eagle and Redskin hasn't officially retired yet.

46. Billy Joe Dupree, TE: Never missed a game in 11 seasons with the Cowboys.

47. Jarrod Bunch, FB: One of the smartest players I ever covered. Left football to pursue an acting career.

48. Don Beebe, WR: Buffalo player that made one of the great plays in Super Bowl history, catching Leon Lett from behind and stripping the ball.

49. Sean Salisbury, QB: Longtime NFL quarterback who became famous for taking pictures of his penis with his cell phone.

50. Chidi Ahanotu, DE: Played for five different NFL teams.


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Friday, May 18, 2012

Jonathan Vilma files defamation lawsuit vs. Roger Goodell in New Orleans federal court

Posted: 03:26 PM ET May 17, 2012

By Will Brinson | Senior NFL Blogger

Jonathan Vilma vs. Roger Goodell is a thing now. (US Presswire)
The Saints bounty scandal -- and the resulting punishments -- took a personal turn on Thursday when Saints linebacker Jonathan Vilma, suspended for the entire 2012 season by the NFL, filed a lawsuit against Roger Goodell, suing the NFL Commissioner for defamation.

CBSSports.com has obtained a copy of the lawsuit and, yes, it is simply "Jonathan Vilma v. Roger Goodell." Vilma alleges that Goodell in "speaking publicly" about the linebacker "made public statements concerning Vilma which were false, defamator and injurious" to Vilma's reputation.

"By this action, Vilma seeks to recover damages for defamatory statements made by Roger Goodell, Commissioner of the National Football League ('NFL')," the complaint reads. "Vilma is a professional football player for the New Orleans Saints ('Saints'), a Member Club of the NFL. Goodell, speaking publicly about certain Saints executives, coaches and players, in relation to purported efforts designed to injure opposing players, made public statements concerning Vilma which were false, defamatory and injurious to Vilma's professional and personal reputation."

Tags: Jonathan Vilma, Bounties, Bountygate, New Orleans Saints, NFL

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Vilma's lawsuit against Goodell underscores Saints' arrogance

Until his suspension, Jonathan Vilma was by all accounts the Saints' defensive leader. (Getty Images) Until his suspension, Jonathan Vilma was by all accounts the Saints' defensive leader. (Getty Images)

No one knows where this latest crazy episode in a series of crazy episodes wrapped by insanity and flanked by conspiracy theories, arrogance and paranoia will go. It seems like this Saints bounty story continues to rapidly spiral downward.

Further and further into the Saints bounty muck we go. Doesn't seem to be brakes on this ride. That scene in the movie Dr. Strangelove where Slim Pickens is riding a nuclear missile like a cowboy on a wild horse as the nuke flies to the ground? That's the NFL, that's us, as this story plummets further into the abyss.

Some of the players punished by Roger Goodell are good people who made mistakes. I know Scott Fujita is an honorable man. This is a fact. I'm sure other figures in the Saints bounty case are the same.

The problem for the Saints continues to be their arrogance. That's been the issue for the Saints in the Sean Payton era and that arrogance is again showing its multi-faceted head with Jonathan Vilma's lawsuit against Roger Goodell for defamation of character.

I'm still wondering if this is some type of joke or if Keanu Reeves will interrupt my conscience thought and tell me the Matrix is far older than you know. Defamation? Really?

Throw in the fact that the lawyer for Vilma, Peter Ginsburg, has had some interesting allegations made against him, and you have the makings of a circus that might never end.

Vilma's lawsuit is about arrogance but it's also about a refusal to take responsibility for one's actions.

The Saints are presenting themselves as freedom fighters taking up arms against the dictator Goodell who refuses to provide proof of their crimes. The only thing missing is a soundtrack and Saints players storming the NFL offices while flying on a dragon. It's a smart tactic and plays well with the base. Saints fans, fearing their Super Bowl will be tainted by history, are clinging to anything that appears exonerating and Vilma's lawsuit is one of those pieces of straws in a superficially well-built straw man.

Saints players keep saying "show me the proof" the way Cruise said "show me the money" hoping that as long as the NFL keeps failing to produce its hundreds of thousands of pages of documents, people will claim cover-up. Again, it plays well with a Saints base that believes this entire thing is one cooked up conspiracy, but ignores the simple question of why would the NFL risk its entire reputation on a lack of proof.

Pretty soon, I expect Saints fans to ask Goodell for his birth certificate.

The Saints know the NFL could never produce everything because it would identify who ratted out the players.

The true hope of Vilma is to get Goodell deposed and tell Vilma who sold the Saints out. That likely will never happen.

There should be a point where Vilma looks inward and at least speaks truthfully to himself. We all make mistakes and have had those moments of realization where we admit no one is to blame for a screw-up but ourselves. Vilma apparently hasn't reached that moment.

Keep crying you're a victim. Keep whining about persecution. Keep calling for proof when you know the NFL can't release it. That's the strategy. It will work inside the state of Louisiana.

A less arrogant person would take his medicine like an adult but Vilma won't. He's going to keep pushing that strategy because Vilma knows he can play the base for suckers.

So this charade will continue and the arrogant players like Vilma will keep pushing this straw-man storyline now hoping he can rope a judge. "Vilma, as a captain of the Saints defense, was instrumental in leading the Saints to their first-ever Super Bowl championship in the 2009 season," the lawsuit states, "and is highly regarded as a player and individual throughout the United States and in the State of Louisiana as well as in the professional football community."

That was true.

Then came Bountygate.


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Friday, July 15, 2011

Lawsuit plaintiffs Brady, Manning, Brees say it's time for NFL deal

NEW YORK -- Calling the players' offer "fair for both sides," star quarterbacks Tom Brady, Peyton Manning and Drew Brees -- plaintiffs in an antitrust suit against the NFL -- said Wednesday "it is time" to wrap up negotiations on a deal to end the league's lockout.

At the bargaining table, though, it wasn't that easy.

On the day Brady, Manning and Brees spoke as a group publicly for the first time, players and owners spent nearly 11 hours meeting at a Manhattan law office.

About two hours after players' association chief DeMaurice Smith left, NFL Commissioner Roger Goodell walked out with Dallas Cowboys owner Jerry Jones and the league's lead negotiator Jeff Pash at 10 p.m.

Other owners including Pittsburgh's Art Rooney and Carolina's Jerry Richardson departed around then, too.

Negotiations were scheduled to resume Thursday morning. With each passing day, the need to strike a bargain and end the first NFL work stoppage since 1987 becomes greater.

Deadlines are coming up next week to get training camps and the preseason started on time. Although it seems the sides have agreed on the basic elements of how to split more than $9 billion in annual revenues, among the key sticking points recently have been how to structure a new rookie salary system and what free agency will look like.

In a statement released to the Associated Press via the NFL Players Association, New England's Brady, Indianapolis' Manning and New Orleans' Brees said: "We believe the overall proposal made by the players is fair for both sides and it is time to get this deal done."

They continued: "This is the time of year we as players turn our attention to the game on the field. We hope the owners feel the same way."

In response, the NFL issued a statement saying: "We share the view that now is the time to reach an agreement so we can all get back to football and a full 2011 season. We are working hard with the players' negotiating team every day to complete an agreement as soon as possible."

Brady, Manning and Brees are among 10 players who are named plaintiffs in an antitrust suit that is pending in federal court in Minnesota. That class-action lawsuit was filed March 11, hours after federally mediated negotiations to arrive at a new collective bargaining agreement broke down, and the old labor contract expired. The NFLPA immediately dissolved itself, meaning players no longer were protected under labor law but instead were allowed to take their chances under antitrust law.

On March 12, the owners imposed a lockout on the players, a right management has to shut down a business when a CBA expires. During the lockout, there can be no communication between the teams and current NFL players; no players -- including those drafted in April -- can be signed; teams won't pay for players' health insurance.

A series of court rulings followed, including one last week from an appeals court that said the lockout could continue.

Talks gained steam in May, overseen by a court-appointed mediator, U.S. Magistrate Judge Arthur Boylan, who is on vacation this week. Boylan ordered both sides to speak with him in Minneapolis next Tuesday, and the owners have a special meeting set for July 21 in Atlanta, where they could vote to ratify a new deal if one is reached.

That means there's intense pressure on Smith and Goodell to keep things moving in a positive direction. Disruptions to the planned preseason schedule would decrease the overall revenue pie.

In an added complication, a federal judge has set an Aug. 8 hearing for NFL retirees, who claimed Wednesday that the league and NFLPA "have conspired" to set low retiree benefit and pension payments in the negotiations. The retirees also say they have been illegally and intentionally excluded from the talks.

Smith and Goodell were joined at Wednesday's meeting by a half-dozen team owners: Jones, Rooney, Richardson, Robert Kraft of the New England Patriots, John Mara of the New York Giants and Clark Hunt of the Kansas City Chiefs.

On the players' side were Jeff Saturday of the Indianapolis Colts and Tyson Clabo of the Atlanta Falcons.


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