Apr 09

Our latest articles expose some elements of the NFL Concussion Settlement that Chris Seeger and the NFL probably don’t want you to know.

These articles are possibly the most important ones I’ve written on the NFL Concussion Settlement to date;

Recent Law Firm Report Details How False Actuarials Are Being Used to Derail NFL Concussion Settlement Claims

“It is tragic that the victims of alleged deceptive practices by the NFL Parties, the Retired NFL Players, are being looked at with suspicion in a settlement that was supposed to help them,” writes the Law Offices of Hakimi & Shahriari, a firm representing over 250 retired players, in a detailed letter to the Special Masters overseeing the concussion settlement, which Advocacy for Fairness in Sports has obtained. Read More about “Recent Law Firm Report Details How False Actuarials Are Being Used to Derail NFL Concussion Settlement Claims”

 

Apr 07

The latest from Advocacy For Fairness in Sports!

As March ends, the ‘madness’ in D1 basketball continues

A new NCAA D1 men’s basketball champion will be celebrated on Tuesday, April 3 and going forward throughout the year, but it’s not difficult to look around and see outside of the cavalcade of names on championship banners from year to year, not much else has changed in the game. A recent study by Jason Belzer and Eli Boettger for Athletic Director U highlights the fact that the industry of coaching collegiate basketball is still stuck in the mid-20th century. The study claims to reveal discrimination in the coaching ranks that is not only prevalent but institutionalized. Read More about “As March ends, the ‘madness’ in D1 basketball continues”

Letter to Judge Brody from Concussion Settlement Class Members

The undersigned Class Members wish to express our support of the motion of Class Counsel Locks Law Firm for Appointment of Administrative Class Counsel.  As the Settlement has reached the one-year mark of claims processing we have sadly learned that we were deceived by the NFL and our own Co-Lead Class Counsel, Chris Seeger.  The Settlement has devolved into a “bait and switch” scheme in which players and their families were sold a completely different program than the one aggressively marketed to them. Read More about “Letter to Judge Brody from Concussion Settlement Class Members”

Mar 22

New article up!

In this article, I tried to detail some of the information brought out in Tuesday’s motion that wasn’t emphasized in mainstream media.  The motion and its exhibits comprised 82 pages of some of the most damning evidence you will see against the NFL and it’s attempts to avoid compensating its injured retirees.  The level of depravity shown is astounding.

NFL’s Scheme to Deny Benefits to Sick Players Exposed in Recent Concussion Settlement Motion

The NFL has been long-known for manipulation of science and use of intimidation tactics but never has this been more evident than in a motion filed on March 20, in the Concussion Settlement.
Allegations of bully tactics, doctor manipulation, and cherry-picked science are revealed in the motion filed by Locks Law Firm in an attempt to put the settlement back on the track it was purposed for – that of compensating injured retired players and their families who are suffering devastating effects of brain damage as a result of their football careers. Read More about “NFL’s Scheme to Deny Benefits to Sick Players Exposed in Recent Concussion Settlement Motion”

Mar 20

We’re back….

I’d like to first of all apologize to our readers for a bit of an absence, and leaving the site on hiatus.  I’ve written an update on the NFL Concussion Settlement detailing a recently filed motion which has requested a hearing to address the claims delays.  Hope you’ll check it out.

Recent Motion in NFL Concussion Settlement Details Agonizing Claims Delays for Sick Players

“Lost in space.”  That’s where many, if not a majority of NFL Concussion Settlement Claims seem to have ended up.  A motion filed on March 19, 2018 on behalf of former Falcon’s center Wayne Radloff shows in detail the excruciating wait retired players must endure to have their claims even considered in the NFL Concussion Settlement.  In a departure from his counterpart Chris Seeger, Co-Lead Class Counsel Sol Weiss has, in the motion, requested a public hearing to address “the seemingly insurmountable hurdles facing injured class members.” Read More about “Recent Motion in NFL Concussion Settlement Details Agonizing Claims Delays for Sick Players”

Jan 29

Latest Articles 1/29/18

‘Real Sports with Bryant Gumbel’ reveals stunning lack of support for Olympic Athletes.

As the 2018 PyeongChang Winter Olympic Games draw closer, the dreams of hundreds of hopeful Olympians from around the world will be realized. Olympic athletes in the United States of America often encounter larger obstacles in realizing their dreams as compared to their counterparts from other developed nations, and they have the United States Olympic Committee to blame for that.
On Tuesday, Jan. 30, “Real Sports with Bryant Gumbel” on HBO will debut “Episode 250: U.S. Olympic Pay Gap” in which the show will speak with current and former United States Olympians about the financial burdens that representing the United States in the Olympic games has placed upon them. Read More about “‘Real Sports with Bryant Gumbel’ reveals stunning lack of support for Olympic Athletes.”

Predators Lurk At Every Turn As Neurologically Impaired Ex-NFL Players Seek Concussion Settlement Relief

More retired NFL players died last year, than received an award from the much-heralded “billion dollar” concussion settlement.  According to profootballreference.com, 123 former players passed away in 2017.  From the time the claims process began last March, through the most recent claims report filed last week, only 110 claims have been paid to date.  In spite of this neurologically impaired retirees are still pursued relentlessly for whatever money they might by chance manage to receive. Read More about “Predators Lurk At Every Turn As Neurologically Impaired Ex-NFL Players Seek Concussion Settlement Relief”

It’s Time To Declare The NFL Concussion Settlement A State Of Emergency

Daunting. Despicable. Dirty. Disastrous.   Those are just a few adjectives that come to mind when evaluating the NFL’s torrent of delays and denials of brain injury claims brought by former NFL players.  Mentally impaired men and their anxious families have been forced to jump through unconscionable hoops and endure painful audits, delays and denials while finding themselves accused of being liars and frauds by the league they once loved and sacrificed their health for. Read More about “It’s Time To Declare The NFL Concussion Settlement A State Of Emergency”

The Facts About NFL Concussion Settlement FAQs

On December 1, a proposed document of Frequently Asked Questions (FAQ) was posted via Electronic Court Filing (ECF) to the NFL Concussion Settlement docket.  The purpose of the FAQ document is to aid the neurologically impaired football players who are class members to the settlement in understanding its terms and filing their claims.  During the enrollment period for the settlement, when retired NFL players had to make a choice between enrollment in the settlement, opting out, or ignoring it all together, in order to encourage enrollment Co-Lead Class Counsel Christopher Seeger, along with Claims Administrator Brown Greer portrayed the enrollment and claims processes as “simple.”  They encouraged retirees to not hire independent counsel for this reason.  They were told if they had a qualifying diagnosis their claims would be approved, and a 30-60 day window was referenced as an estimated approval time.  As a result, approximately 20,000 retired players or their representatives registered for the program, including many who had previously objected or opted out. Read More about “The Facts About NFL Concussion Settlement FAQs”

NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals

In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense.  This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary.  Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct. Read More about “NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals”

Jan 28

The Blitz 1/28/18

Essential Sports & Sports Law News

Week in Review

📖Read of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement

Riddell Lawsuits (NFL)

Aaron Hernandez Wrongful CTE Death

Kaepernick Collusion Case

St. Louis v NFL, Rams

NFL Network Sexual Harassment Lawsuit

NFL v Canadian Fans

Michael Lee v San Diego PD

Season Ticket Holders v Tampa Bay Buccaneers

FIFA Racketeering Case

Langston v NCAA Brain Injury Lawsuit

NCAA Bribery Case

NCAA Trademark Lawsuit

📋Legislative Ledger:

🚨Crime Blotter:

Larry Nassar Sentencing

Ronald Gasser Convicted of Manslaughter in Shooting Death of Ex-NFLer Joe McKnight

Fan Violence

💡Concussion Discussion:

🔌Rights and Safety:

🔗Equality Equation:

💪🏿Athlete Activism:


🏈NFL Sidelines:

MLB Strikes:

🤸‍♀️USA Gymnastics:

📓NCAA Notebook:

🏅Olympic Observations:

🎲The Scoop on Sports Betting:

Daniel Wallach @WALLACHLEGAL attended the senate hearing on sports betting and relayed a number of comments and insights. Be sure to check his twitter feed for more like this as well as links to podcasts where he discussed the latest developments.

🖇Everything Else:

Jan 27

Latest Articles 1/27/18

It’s Time To Declare The NFL Concussion Settlement A State Of Emergency

Daunting. Despicable. Dirty. Disastrous.   Those are just a few adjectives that come to mind when evaluating the NFL’s torrent of delays and denials of brain injury claims brought by former NFL players.  Mentally impaired men and their anxious families have been forced to jump through unconscionable hoops and endure painful audits, delays and denials while finding themselves accused of being liars and frauds by the league they once loved and sacrificed their health for. Read More about “It’s Time To Declare The NFL Concussion Settlement A State Of Emergency”

NFL Concussion Settlement Attorneys Respond to Law Professor’s Fee Recommendations

On December 11, Harvard law professor William Rubenstein filed a 47-page report with the Court detailing his recommendations regarding attorney fees as he’d been commissioned to do in September. His recommendations consisted of (1) Denying the 5% holdback from all approved awards to fund future implementation work on the settlement as requested by Co-Lead Class Counsel Chris Seeger, and (2) Capping individual attorney fees at 15%. The professor’s report appeared well reasoned and presented, but as pointed out in the 12 responses, he seemed to lack some critical information when he prepared the it, including correct actuaries on player demographics and anticipated awards as well as the immense difficulty in getting claims approved. Since Professor Rubenstein is a highly intelligent man, several attorneys have indicated to me that they wonder how he could have been shielded from current and pertinent information on which they feel would have changed the recommendations of the report. Read More about “NFL Concussion Settlement Attorneys Respond to Law Professor’s Fee Recommendations”

NFL Concussion Settlement FAQs Part 4: Lawyers and Liens

I recall stories related to me by retired players who are struggling and their family members.  Men who constantly get lost and then sit in their cars for hours waiting to gain their bearings and figure out where they are so they can drive home or for someone in their family to find them.  Men who have difficulty remembering how to get dressed.  Men who can’t remember how to use a can opener.  Just before Christmas a distraught wife told me how difficult it was for her when she gave her husband a Christmas card for their daughter for him to sign.  She said that he looked at her with a blank stare and then asked, “Should I just sign it [first name]?  She had to remind him, “No, sign it ‘Dad.’”  I could go on and on.  But the FAQs these guys are supposed to understand need to be deciphered so onward I suppose.  The remaining FAQs address lawyers and liens. Read More about “NFL Concussion Settlement FAQs Part 4: Lawyers and Liens”

The FAQs About NFL Concussion Settlement Claims

The NFL Concussion Settlement has been anything but an easy process for the neurologically impaired class of retired football players. As of December 27 – ten months after the claims process began – a meager 13% — 206 monetary awards out of 1913 filed claims. As an observer noted, if claims continue to be processed at this rate, it will take approximately 4 years to process the current case load – and that doesn’t even account for the additional claims that will be filed. Read More about “The FAQs About NFL Concussion Settlement Claims”

The Facts About NFL Concussion Settlement FAQs

On December 1, a proposed document of Frequently Asked Questions (FAQ) was posted via Electronic Court Filing (ECF) to the NFL Concussion Settlement docket.  The purpose of the FAQ document is to aid the neurologically impaired football players who are class members to the settlement in understanding its terms and filing their claims.  During the enrollment period for the settlement, when retired NFL players had to make a choice between enrollment in the settlement, opting out, or ignoring it all together, in order to encourage enrollment Co-Lead Class Counsel Christopher Seeger, along with Claims Administrator Brown Greer portrayed the enrollment and claims processes as “simple.”  They encouraged retirees to not hire independent counsel for this reason.  They were told if they had a qualifying diagnosis their claims would be approved, and a 30-60 day window was referenced as an estimated approval time.  As a result, approximately 20,000 retired players or their representatives registered for the program, including many who had previously objected or opted out. Read More about “The Facts About NFL Concussion Settlement FAQs”

NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals

In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense.  This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary.  Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct. Read More about “NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals”

NFL Concussion Settlement Claims Report:

In keeping with Judge Anita Brody’s announcement following a closed hearing with Chris Seeger, NFL Counsel, and Special Masters, a claims report dated December 11, 2017 has been posted to the settlement website.  The seven-page PDF document  which details the current status of claims highlights numerous issues in the settlement, not the least of which is a mere 10% approval of submitted claims. Read More about “NFL Concussion Settlement Claims Report:”

Harvard Law Professor Advises Concussion Settlement Court to Cap Attorney Fees

In September, Harvard Law Professor William B. Rubenstein was appointed by Judge Anita Brody to weigh in on controversies surrounding attorney fees, including a 5% hold back that Co-Lead Class Counsel Christopher Seeger requisitioned as payment for future work in settlement implementation.
In a well-reasoned 47-page report, Professor Rubenstein recommended against withholding the additional 5% from Class Members monetary awards and advised a 15% cap on contingency feels from independently retained counsel.  Judge Brody has given a January 3 deadline for responses to the expert opinion.
Withholding 5% of every award is unreasonable
Prior to Professor Rubenstein’s report, every other attorney who publicly expressed an opinion on the subject, as well as members of the class of retired NFL players expressed opposition to the proposed 5% holdback.  Professor Rubenstein agreed.  As the professor noted, Seeger felt that the $112.5 million common benefit (of which Seeger claims over $70 million) should go to pay for securing of the settlement and the 5% for implementation of it, but as Rubenstein said, “Class Counsel bear the burden of proving the need for a 5% set-aside, but their artificial bifurcation of settlement and implementation – and hence the justification for the 5% set-aside – fails to meet that burden for at least six reasons.” Read More about “Harvard Law Professor Advises Concussion Settlement Court to Cap Attorney Fees”

Jan 21

The Blitz – 1/21/18

Essential Sports & Sports Law News

Week in Review

🐦Tweet of the Week:

tweet of the week- NFLObjectors

X

x

x

x

x

x

📖Read of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement

Hall of Fame Game Cancellation Lawsuit

St. Louis v NFL

NCAA Antitrust Litigation

Jim Turner v Ted Wells, Paul Weiss

Redskins Trademark

Brian Urlacher Defamation Lawsuit

Charles Oakley v James Dolan

Layshia Clarendon v University of California – Berkley

Student Athletes v DraftKings, FanDuel

Vijay Singh v PGA

🚨Crime Blotter:

Larry Nassar Sentencing

Ronald Gasser trial for murder of Joe McKnight


————————————————————-

💡Concussion Discussion:

💊Painkiller Pandemonium:

🌱Cannabis Conversation:

🔌Player Rights and Safety:

💪🏿Athlete Activism:

🏈NFL Sidelines:

🏒NHL Breakaways:

🎲The Scoop on Sports Betting:

🖇Everything Else:

Jan 17

Top Sports Law Feeds to Follow on Twitter

I’m very honored and grateful to be including among the notables on this list!

Jan 15

Latest Articles (Updated 1/15/18)

It’s Time To Declare The NFL Concussion Settlement A State Of Emergency

Daunting. Despicable. Dirty. Disastrous.   Those are just a few adjectives that come to mind when evaluating the NFL’s torrent of delays and denials of brain injury claims brought by former NFL players.  Mentally impaired men and their anxious families have been forced to jump through unconscionable hoops and endure painful audits, delays and denials while finding themselves accused of being liars and frauds by the league they once loved and sacrificed their health for. Read More about “It’s Time To Declare The NFL Concussion Settlement A State Of Emergency”

NFL Concussion Settlement Attorneys Respond to Law Professor’s Fee Recommendations

On December 11, Harvard law professor William Rubenstein filed a 47-page report with the Court detailing his recommendations regarding attorney fees as he’d been commissioned to do in September. His recommendations consisted of (1) Denying the 5% holdback from all approved awards to fund future implementation work on the settlement as requested by Co-Lead Class Counsel Chris Seeger, and (2) Capping individual attorney fees at 15%. The professor’s report appeared well reasoned and presented, but as pointed out in the 12 responses, he seemed to lack some critical information when he prepared the it, including correct actuaries on player demographics and anticipated awards as well as the immense difficulty in getting claims approved. Since Professor Rubenstein is a highly intelligent man, several attorneys have indicated to me that they wonder how he could have been shielded from current and pertinent information on which they feel would have changed the recommendations of the report. Read More about “NFL Concussion Settlement Attorneys Respond to Law Professor’s Fee Recommendations”

NFL Concussion Settlement FAQs Part 4: Lawyers and Liens

I recall stories related to me by retired players who are struggling and their family members.  Men who constantly get lost and then sit in their cars for hours waiting to gain their bearings and figure out where they are so they can drive home or for someone in their family to find them.  Men who have difficulty remembering how to get dressed.  Men who can’t remember how to use a can opener.  Just before Christmas a distraught wife told me how difficult it was for her when she gave her husband a Christmas card for their daughter for him to sign.  She said that he looked at her with a blank stare and then asked, “Should I just sign it [first name]?  She had to remind him, “No, sign it ‘Dad.’”  I could go on and on.  But the FAQs these guys are supposed to understand need to be deciphered so onward I suppose.  The remaining FAQs address lawyers and liens. Read More about “NFL Concussion Settlement FAQs Part 4: Lawyers and Liens”

The FAQs About NFL Concussion Settlement Claims

The NFL Concussion Settlement has been anything but an easy process for the neurologically impaired class of retired football players. As of December 27 – ten months after the claims process began – a meager 13% — 206 monetary awards out of 1913 filed claims. As an observer noted, if claims continue to be processed at this rate, it will take approximately 4 years to process the current case load – and that doesn’t even account for the additional claims that will be filed. Read More about “The FAQs About NFL Concussion Settlement Claims”

The Facts About NFL Concussion Settlement FAQs

On December 1, a proposed document of Frequently Asked Questions (FAQ) was posted via Electronic Court Filing (ECF) to the NFL Concussion Settlement docket.  The purpose of the FAQ document is to aid the neurologically impaired football players who are class members to the settlement in understanding its terms and filing their claims.  During the enrollment period for the settlement, when retired NFL players had to make a choice between enrollment in the settlement, opting out, or ignoring it all together, in order to encourage enrollment Co-Lead Class Counsel Christopher Seeger, along with Claims Administrator Brown Greer portrayed the enrollment and claims processes as “simple.”  They encouraged retirees to not hire independent counsel for this reason.  They were told if they had a qualifying diagnosis their claims would be approved, and a 30-60 day window was referenced as an estimated approval time.  As a result, approximately 20,000 retired players or their representatives registered for the program, including many who had previously objected or opted out. Read More about “The Facts About NFL Concussion Settlement FAQs”

NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals

In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense.  This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary.  Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct. Read More about “NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals”

NFL Concussion Settlement Claims Report:

In keeping with Judge Anita Brody’s announcement following a closed hearing with Chris Seeger, NFL Counsel, and Special Masters, a claims report dated December 11, 2017 has been posted to the settlement website.  The seven-page PDF document  which details the current status of claims highlights numerous issues in the settlement, not the least of which is a mere 10% approval of submitted claims. Read More about “NFL Concussion Settlement Claims Report:”

Harvard Law Professor Advises Concussion Settlement Court to Cap Attorney Fees

In September, Harvard Law Professor William B. Rubenstein was appointed by Judge Anita Brody to weigh in on controversies surrounding attorney fees, including a 5% hold back that Co-Lead Class Counsel Christopher Seeger requisitioned as payment for future work in settlement implementation.
In a well-reasoned 47-page report, Professor Rubenstein recommended against withholding the additional 5% from Class Members monetary awards and advised a 15% cap on contingency feels from independently retained counsel.  Judge Brody has given a January 3 deadline for responses to the expert opinion.
Withholding 5% of every award is unreasonable
Prior to Professor Rubenstein’s report, every other attorney who publicly expressed an opinion on the subject, as well as members of the class of retired NFL players expressed opposition to the proposed 5% holdback.  Professor Rubenstein agreed.  As the professor noted, Seeger felt that the $112.5 million common benefit (of which Seeger claims over $70 million) should go to pay for securing of the settlement and the 5% for implementation of it, but as Rubenstein said, “Class Counsel bear the burden of proving the need for a 5% set-aside, but their artificial bifurcation of settlement and implementation – and hence the justification for the 5% set-aside – fails to meet that burden for at least six reasons.” Read More about “Harvard Law Professor Advises Concussion Settlement Court to Cap Attorney Fees”

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