Current Litigation

Joe Camel

Lawsuit Asserts That NFL Marketing Led to Adrian Robinson’s Death

November 25, 2017 Sheilla Dingus Adrian Robinson Jr. wore the NFL uniform for two years but his parents don’t blame those years for their son’s untimely suicide death, but rather the cumulative effects of twenty years of football that resulted in a posthumous diagnosis of Chronic Traumatic Encephalopathy (CTE). Like many other American families, the …

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Junior Seau

The NFL’s Preemption Trap and How Concussion Settlement Opt-Outs Plan to Avoid It

December 9, 2017 Sheilla Dingus As concussion settlement class members struggle to overcome delays and denials in the much heralded and massively disappointing NFL Concussion Settlement, opt-out claims are quietly moving forward. By 2012 hundreds of brain injury cases were filed against the NFL, and in some instances helmet maker Riddell, and these, and many …

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Dr. Bennet Omalu

CTE Expert Dr. Bennet Omalu Challenges NHL’s “Alternative Facts”

“They deny the truth and humanity of science in order to protect their revenue streams.” Sheilla Dingus February 9, 2017 On Wednesday as Judge Anita Brody held a conference detailing registration and award information regarding the well publicized NFL concussion settlement, renowned neuropathologist and researcher Dr. Bennet Omalu, submitted a sixteen-page letter defending the integrity …

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Adrian Robinson

Adrian Robinson Wrongful Death CTE Lawsuit Paints a Stunning Picture of Deceit

May 22, 2017 Sheilla Dingus “This Complaint sets forth an unparalleled story in American sports: it begins with a stunning conspiratorial arrangement and ends with the horrific death of Adrian Robinson, Jr.” So begins a lawsuit filed in Pennsylvania state court on May 15. The complaint reaches back decades into the history of the NFL …

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Lane Johnson

Eagles’ Tackle Lane Johnson Claims His Suspension is a Result of “Misconduct” by NFL, NFLPA

In response to a 10-game suspension for violation of the league’s Performing Enhancing Substances Policy, Philadelphia Eagles tackle Lane Johnson claims he was denied a “fundamentally fair hearing and was instead subjected to an arbitration scheme so deeply flawed as to forever preclude the possibility of a fair outcome,” in a lawsuit filed against the NFL and NFLPA last week. The suit follows a complaint of similar allegations filed with the National Labor Relations Board and Department of Labor, by Johnson last November.

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Lane Johnson

Is Lane Johnson’s Lawsuit Against the NFL and NFLPA a Magnifying Glass into Larger Problems?

May 8, 2017 Sheilla Dingus @SheillaDingus Last week Lane Johnson filed a reply in response to the NFLPA’s opposition to vacate an arbitration award in which he was suspended for ten games for violating the collectively bargained policy on performance enhancing substances.  The lawsuit, which was filed in the Northern District of Ohio in January, …

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Lane Johnson

Lane Johnson Violates a Court Order to Engage in a “Turf War” with the NFL and NFLPA

A short time later, the NFLPA filed a sealed motion to dismiss. Both the NFL and NFLPA agree that Johnson’s arbitration ruling was correctly upheld because by his own admission he ingested the substance in question and that the lawsuit should be moved to New York, claiming the case has no connection to Ohio outside of it being the location of Johnson’s lawyers.
On February 8, Judge Sara Lioi issued an order staying, or placing on hold the proceedings until she could render a decision on the motions to dismiss or transfer. In violation of the order, Johnson presented the judge with a “Valentine gift” on February 14, in filing an amended complaint which attempted to show further case connections to Ohio.

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NFLPA grievance

NFLPA Files Grievance Against NFL for CBA Medical Violations

May 9, 2017 Sheilla Dingus @SheillaDingus In an unusual legal twist, NFL Counsel Paul Clement filed a letter with the Ninth Circuit Court of Appeals on Monday citing a grievance against the NFL and its Clubs by the NFLPA. The grievance claims violations of the CBA in regard to the mishandling of prescription drugs as …

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DeMaurice Smith / Lane Johnson

NFLPA Uses Deflategate Precedent Against Lane Johnson

A short time later, the NFLPA filed a sealed motion to dismiss. Both the NFL and NFLPA agree that Johnson’s arbitration ruling was correctly upheld because by his own admission he ingested the substance in question and that the lawsuit should be moved to New York, claiming the case has no connection to Ohio outside of it being the location of Johnson’s lawyers.
On February 8, Judge Sara Lioi issued an order staying, or placing on hold the proceedings until she could render a decision on the motions to dismiss or transfer. In violation of the order, Johnson presented the judge with a “Valentine gift” on February 14, in filing an amended complaint which attempted to show further case connections to Ohio.

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Painkillers in the NFL Part III

Painkiller Abuse in the NFL Part III: A Tale of Two Lawsuits

Painkiller use is part of a largely unseen culture within professional sports in general, and the NFL in particular. While no one would question the need for painkillers in a sport as inherently physical as professional football, where to draw the line between legitimate pain management and painkillers as a tool for exploitation of athletes is much less clear.

As I described in Part I, a culture has developed within the league that prioritizes getting the best players on the field in order to win football games, giving fans the star players they want to see, and most importantly from a league perspective, to generate ever increasing revenue.

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Art DeCarlo

Recent Court Ruling in DeCarlo Wrongful Death Lawsuit May Prove Beneficial to Other CTE Cases

In November 2015 a wrongful death law suit was filed against the NFL by Arthur DeCarlo Jr., son of Arthur “Art” DeCarlo Sr., who was a defensive back in the NFL from 1953 through 1960. Drafted by the Chicago Bears in 1953, DeCarlo Sr. was quickly traded to the Pittsburgh Steelers where he played for a year prior to enlistment in the Army. While still in the Army, his contract was traded to the Washington Redskins. Afterward, he finished his NFL career playing for the Baltimore Colts from 1957 – 1960. “DeCarlo was exposed to numerous concussive and sub-concussive blows throughout his NFL career, [including] . . . loss-of-consciousness concussions where DeCarlo was subsequently returned to game play within the same game, within several plays of having been rendered unconscious,” states DeCarlo Jr., in the lawsuit.

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NFL Painkiller Lawsuit

Two Remaining Plaintiffs in NFL Painkiller Lawsuit Fight to Keep Case Alive

June 23, 2017 Sheilla Dingus @SheillaDingus A lawsuit that began with numerous accusations against all 32 NFL Clubs by 14 former players was whittled down to what Judge Alsup deemed “sufficiently pled” allegations against 14 teams by 9 players last month, but in accordance with Alsup’s interpretation of the statue of limitations he found all …

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Hall of Famer Richard Dent

Will the NFLPA’s grievance impact current painkiller litigation against the NFL?

May 10, 2017 Sheilla Dingus @SheillaDingus Richard Dent is a Hall of Fame defensive end, and MVP of Super Bowl XX, but now his opponent is the league for which he once played – and it may prove to be his fiercest opponent of all.  In May 2014 Dent, along with nine other named plaintiffs …

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