Evans Painkiller Lawsuit is Dismissed-Questions Remain

NFL painkillers

Everything about the dismissal of the Evans painkiller lawsuit raises questions. The only answer it provides is that this particular lawsuit has reached its end. Why that happened may never be satisfactorily answered but it’s time to take a look.
The short, non-published opinion issued on February 6 barely spanned six pages.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/02/18/evans-painkiller-lawsuit-is-dismissed-questions-remain/

Welcome to the Twilight Zone

NFL Concussion Settlement Twilight Zone

No journalist wants to be the subject of her own story, but here we are in  2019, and life is indeed strange.  On February 5, Co-Lead Class Counsel for the NFL Concussion Settlement, Christopher Seeger filed a brief on the public docket.  His brief followed shortly after a brief filed by the NFL, responding to attorney Patrick Tighe’s motion for reconsideration of a recent order issued by Judge Anita B. Brody.

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I’d also like to thank Ryan Boysen and Law 360 for helping to clarify the record.

Atty, Blogger Fight Back In NFL Concussion Deal Spat

Excerpt regarding Advocacy for Fairness in Sports:

Law360 Excerpt

 

Permanent link to this article: http://advocacyforfairnessinsports.org/2019/02/16/welcome-to-the-twilight-zone/

Hernandez Lawsuit Tossed by Federal Judge

Hernandez dismissal

Judge Anita B. Brody has dismissed the lawsuit filed by the daughter of the late Aaron Hernandez.  Hernandez, who was serving a life sentence for the murder of Odin Lloyd had been acquitted of a double murder days before he committed suicide in his prison cell on April 19, 2017.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/02/15/hernandez-lawsuit-tossed-by-federal-judge/

NFLPA’s Legal Gymnastics Show On Display in Lane Johnson Lawsuit

NFLPA legal gymnastics

On Monday, NFLPA counsel responded to Philadelphia Eagles Lane Johnson’s opposition brief to their motion for summary judgment.  Johnson has been engaged in a two-year plus legal battle against the NFLPA and NFL, that began with a suspicious drug test and went downhill from there.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/30/nflpas-legal-gymnastics-show-on-display-in-lane-johnson-lawsuit/

Alarming revelations about the NFL Concussion Settlement Common Benefit, and a Disturbing Trend in High School Football

Did Chris Seeger Break the Bank?Did Seeger Weiss Break the NFL Concussion Settlement Bank?

by Sheilla Dingus

While the NFL Concussion Settlement is fund for payment of claims to for compensation of former player suffering from neurocognitive impairment, the fund for class counsel compensation is not.  While the NFL is acutely aware of what it’s spending, and fighting claims with a fury, Co-Lead Class Counsel Chris Seeger seems to take no issue with spending with abandon.  In a motion filed Thursday, attorney Lance Lubel asks the court to deny Seeger’s most recent fee petition and put him on a budget before there’s no money left.

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HBO Real SportsHBO Real Sports Profiles a Disturbing Trend in High School Football

by Derek Helling

In the middle part of the 20th century in the United States of America, many men tried to make a living in sales going from one residence to another. Among the cavalcade of products being peddled were encyclopedia sets. A myriad of sales pitches were employed to that end, among them the narrative of having a set of encyclopedias at their disposal would help a potential consumer’s children “get ahead.”

To what degree that narrative was factual is hard to examine but it has been kept alive by different products and programs to the present day. The new episode of HBO’s Real Sports with Bryant Gumbel entitled “Changing Face of Football” reveals how the narrative has popped up in a perhaps unlikely place: American football at the high school level.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/27/what-happens-when-a-65-year-fund-is-zeroed-out-in-5-years/

NFL Concussion Settlement Updates

Boom!Two important briefs have been filed in the #NFL Concussion Settlement.

One is an explosive brief that reads as an expose on quickly depleted common benefit funds meant to pay class attorney fees for the 65-year term of the settlement.  In objection to Co-Lead Class Counsel Christopher Seeger’s most recent fee petition, attorney Lance Lubel on behalf of class members identified as Alexander Objectors filed a motion objecting to Co-Lead Counsels latest disbursement request.


The second brief of importance is an objection filed by X1 Law to Judge Brody’s recent order regarding generally consistent detailed here:.
Beep beep! NFL v Seeger

Beep beep!  Even in withdrawing an appeal it appears that the NFL may have gotten the best of Chris Seeger.  X1 Law’s motion for reconsideration hopes to correct the error.

Law Firm Asks Judge to Reconsider NFL Concussion Settlement Ruling

On January 22, attorney Patrick Tighe of X1 Law filed a motion asking Judge Anita Brody to reconsider her recent ruling on the generally consistent concussion settlement provision.

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Lubel Objection

(Click on the tweet to expand the thread)


In addition to these briefs, a hearing on third party settlement advances was held at the Third Circuit on Wednesday. An audio file of the hearing has been posted.  Analyses in the way of articles will be forthcoming, but in the meantime here are a couple of tweet threads to bring you up to speed on the main points. Again, click the tweet to expand.

Third Party Funder Update


Here’s some additional background on this.


One more thing…I’m doing some research on how bankruptcy is affecting settlement claims. Please contact us if you or one of your clients have been impacted in the NFL Settlement or any other mass tort.


Update 10:46 AM

I’m posting another tweet thread regarding a claim that was approved and appealed three times then appealed a FOURTH time that resulted in a denied claim and Judge Brody’s reaction to a public objection.

Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/25/nfl-concussion-settlement-updates/

It’s Game On in the Dent Painkiller Lawsuit Against the NFL

Judge William Alsup presides over Dent Painkiller Lawsuit against NFL This breakdown of the NFL motion examines and rebuts their arguments.  I’ve included a Dick and Jane primer for Judge Alsup in case he needs some additional assistance in understanding the case.

Richard Dent’s lawsuit accusing the NFL of a callous return to play culture based on illicitly medicating players to hide their injuries and maximize profits is back in the District Court for the Northern District of California, and a colossal “chess match” is underway.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/24/its-game-on-in-the-dent-painkiller-lawsuit-against-the-nfl/

Explosive Brief Puts Lane Johnson Back in the Game

Lane Johnson explosive brief NFLPA

Philadelphia Eagles offensive lineman Lane Johnson found himself in the unenviable position of having most of his causes of action against the NFLPA dismissed in a lawsuit that has been waged for over two years.  Despite some disturbing pleadings regarding union misconduct and retaliation, Southern District of New York Judge Richard Sullivan denied Johnson’s motion for discovery and ordered him to respond to the NFLPA’s motion for summary judgment, which could put an end to his case.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/20/explosive-brief-puts-lane-johnson-back-in-the-game/

Neurologists Question NFL Concussion Settlement Diagnostics

Texas Neurological Society

Reprinted with permission. Article in Texas Neurological Society newsletter, questions diagnostic criteria for dementia diagnoses and urges NFL to use the opportunity the settlement presents to study brain injury in its population.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/17/neurologists-question-nfl-concussion-settlement-diagnostics/

Lane Johnson and Eric Reid Search for Truth about NFL Drug Testing

Lane Johnson, Eric Reid NFLPA PEDLane Johnson’s response to the NFLPA’s motion for summary judgment is due today.

Two men are searching for the truth about the NFL/NFLPA drug testing program. Last week a federal court denied Philadelphia Eagles OT Lane Johnson’s discovery bid as Carolina Panthers safety Eric Reid embarks on a quest of his own.

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UPDATE:

An explosive brief exposing conflicting testimony between the NFL and NFLPA, and among NFL employees, as well as the NFLPA’s narrative to one federal court in contrast with an opposite narrative in a different federal court, puts Lane Johnson back in action.  The brief accompanied by numerous exhibits including Johnson’s own declaration tells a tale of deceit, and retaliation.  A full analysis is on the way, but in the meantime, here’s a twitter thread to bring you up to date. (Click on tweet to expand for the thread.)

For those who may see the NFLPA’s infractions as “small” or minor, consider this:

Permanent link to this article: http://advocacyforfairnessinsports.org/2019/01/16/lane-johnson-and-eric-reid-search-for-truth-about-nfl-drug-testing/