Working and Dementia

dementia work nfl

Yesterday I stumbled across an excellent article about working and dementia, that confirms in certain instances it’s desirable and health for people with dementia diagnoses to continue work.  This has been a point of contention in the NFL Concussion Settlement, so the American Academy of Neurology article inspired a tweet thread that is almost a mini-article in itself. Please click the tweet to expand and read the thread.

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/31/working-and-dementia/

Oral Arguments in the Evans Painkiller Lawsuit Against NFL Teams

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/21/oral-arguments-in-the-evans-painkiller-lawsuit-against-nfl-teams/

Judge Brody Appoints Lawrence Stengel NFL Concussion Settlement Fraud Investigator at NFL’s Urging

Lawrence F. Stengel Appointed Special Concussion Settlement Fraud Investigator

After months of NFL demands for a fraud investigator for the concussion settlement, and an initial deferment on the decision by Judge Anita Brody, on September 12, she granted the NFL’s motion after an unexpected reversal of position by Special Masters, and on December 10, ordered the appointment of former Eastern District of Pennsylvania judge Lawrence F. Stengel. Read More about “Lawrence F. Stengel Appointed Special Concussion Settlement Fraud Investigator”

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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/10/judge-brody-appoints-lawrence-stengel-nfl-concussion-settlement-fraud-investigator-at-nfls-urging/

Game On!

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/09/game-on/

Lane Johnson v NFLPA and Dent v NFL lawsuit updates

Will Lane Johnson Finally Be Able to Expose the NFLPA’s Spin?

For nearly two years, Lane Johnson has been asking questions and is now waiting to see if the court will, at long last, grant his request for discovery. On November 28, Judge Richard Sullivan issued an order extending Johnson an invitation to reply to the NFLPA’s arguments, at which time he’ll consider the briefing on Johnson’s LMRDA claim complete. On December 3, Steve Zashin, Johnson’s attorney replied:
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And a quick update on the Dent v NFL painkiller lawsuit.  I’ll try to get a story out soon.

(Click on the tweet to open the thread.)

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/07/will-lane-johnsons-discovery-requests-provide-answers-or-more-spin/

Welcome to the Matrix

I think the Matrix analogy explains quite a bit.

To Understand the NFL’s Inconsistent Handling of Domestic Violence, You Have to Enter the Matrix

“This is your last chance. After this, there is no turning back. You take the blue pill – the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill – you stay in Wonderland and I show you how deep the rabbit-hole goes.” Read More about “To Understand the NFL’s Inconsistent Handling of Domestic Violence, You Have to Enter the Matrix”

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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/06/welcome-to-the-matrix/

“If I only had a brain”

Brain injury litigation update:

NFL ‘Goes for a Strike’ on ‘Generally Consistent’ Concussion Settlement Claims; Co-Lead Counsel Counters

by Sheilla Dingus

NFL-Roger-Goodell-Strike

For nearly two years the NFL has been seeking ways to knock down settlement claims one-by-one like stray bowling pins. In their latest move they’re going for a strike in order to shut down most future claims by retired NFL players suffering from brain injury by revising the terms of the agreed upon settlement.
While findings of fact on the part of the court-appointed Special Masters are not appealable under settlement terms, the NFL has filed an illegal appeal and convinced the court to grant a stay on payment of claims as it seeks a decision altering the settlement agreement.

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Easley and Finnerty may blow wide open the ‘dam’ that Ploetz ‘cracked’

by Derek Helling

Dam of concussion lawsuits NCAA

The legacy of Ploetz v. NCAA is playing out in two similar trials, both with very similar claims. If as successful as Ploetz was, the consequences for the NCAA along with its member conferences/institutions could be serious.

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NFL Attempts to Rewrite Hernandez Lawsuit to Shirk Liability

by  Sheilla Dingus

Aaron and Avielle Hernandez - Final Kiss

In a recent bid to have the lawsuit filed by the daughter of the late Aaron Hernandez dismissed, the NFL has, perhaps unwittingly revealed its strategy to kill future brain injury claims.  Last week I wrote about how the NFL is attempting virtual time travel to go back and rewrite the chronology of the Hernandez case. Now they seek to rewrite the lawsuit. As I’ve written previously, this, probably more than any other lawsuit is one that the NFL wants to stop in its tracks.

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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/12/05/if-i-only-had-a-brain/

Backdoor Deals and Secret Agreements between NFL and NFLPA Come into Focus as the Discovery Battle Unfolds in Lane Johnson’s Lawsuit

‘Back Door Agreements Between NFLPA and NFL Emerge in Lane Johnson’s Lawsuit

In a previous article I wrote, “The NFL and NFLPA are natural adversaries. Will the NFL become an ally to Johnson in the vein of “the enemy of your enemy is your friend” or will they assume an adversarial position against both Johnson and the union? Or will they ally themselves with their usual adversary to cover potential misdeeds of collaboration or collusion with the NFLPA?” It didn’t take long to get an answer. Both the NFL and NFLPA responded to Lane Johnson’s request for discovery and Judge Richard Sullivan’s order regarding the same, with a resounding “no!” It’s less than surprising they decided to choose the third option and unite against Johnson, who stands to reveal their alleged back-door collaboration.
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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/29/backdoor-deals-and-secret-agreements-between-nfl-and-nflpa-come-into-focus-as-the-discovery-battle-unfolds-in-lane-johnsons-lawsuit/

New report suggests upward of 10% of all NFL players will develop CTE

New Report Projects Minimum 10% of NFL Players will Develop CTE

Boston University conducted a now famous or perhaps infamous study, depending on the perspective, of NFL players finding Chronic Traumatic Encephalopathy (CTE) in 110 of 111 brains studied. Two researchers decided to crunch some numbers to see what the data really means and submitted their report to Neurology on July 20, 2018. It was made available to the public on November 28, 2018. Dr. Zachary O. Binney of Emory University, Atlanta and Dr. Kathleen E. Bachynski of NYU Langone Health, New York obtained a database of all former NFL Players who died between February 2008 and May 2016, the timeframe of the Boston University study. What they found, using only basic arithmetic is startling.
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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/29/new-report-suggests-upward-of-10-of-all-nfl-players-will-develop-cte/

Time Travel? Not as absurd as you may think, when it comes to the NFL

NFL Attempts Time Travel to Block Aaron Hernandez’s Daughter’s Lawsuit

Those who’ve been following the lawsuit filed on behalf of Avielle Hernandez, daughter of the disgraced New England Patriots tight end convicted of murder, who then was revealed as a tragic casualty of CTE, are already aware of the NFL’s attempts to rewrite her lawsuit to plead things she never asserted and dismiss the allegations she actually presented. In their attempt to box young Avielle (referenced as A.H. in some court documents) into the class of retired players eligible for settlement benefits, they now seek to impose their own timeline, viewing the past from the future. Read More about “NFL Attempts Time Travel to Block Aaron Hernandez’s Daughter’s Lawsuit”

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Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/26/time-travel-not-as-absurd-as-you-may-think-when-it-comes-to-the-nfl/