Important Sports & Sports Law News
Week of September 18, 2017
?Read of the Week:
I was hesitant to use one of my own stories here, and I want you to know I AM NOT plugging my journalism skills, but rather Susan Owens’ story is so moving, so powerful, and so important – I didn’t want to take a chance on it being lost in the scrolling.
Powerful story of @49ers HOFer RC Owens’ battles with Alzheimer’s & #NFL from his wife Susan https://t.co/VBVdw35mtV #49ers #NFLPA
— Sheilla Dingus (@ShbeillaDingus) September 17, 2017
⚖️Litigation Lane:
NFL Concussion Settlement
▶️Update 9/19/17: Judge Brody has scheduled a hearing today to address deceptive practices targeted at NFL retirees. Upon information and belief several attorneys have stated plans to be in attendance at the hearing and hope to address the rampant deficiency notices being issued. Stay tuned…developing story…
Monday:
New filing in #NFL #concussion settlement highlights conflict of interest b/t Class Counsel & “expert” proposed to determine fee allocation pic.twitter.com/Tqh5b14ymB
— Sheilla Dingus (@SheillaDingus) September 12, 2017
New Order in #NFL #concussion settlement. Judge Brody denies motion to compel alleged predatory lender RD Legal to discovery. pic.twitter.com/g0dZ3iF7Zp
— Sheilla Dingus (@SheillaDingus) September 12, 2017
This is surprising in one respect since Judge Brody seldom denies Seeger’s motions, but not surprising in another since RD Legal Funding’s opposition response points out that Seeger ignored Federal Rules of Civil Procedure in his discovery demand.
Judge Brody has also issued an order requiring a detailed submission as a proposal for the allocation of lawyers’ fees among class counsel pic.twitter.com/Lu3ppi8Jbq
— Sheilla Dingus (@SheillaDingus) September 12, 2017
This appears to be tied to an order she will issue later in the week.
Judge Brody has scheduled a hearing for September 19 to address deceptive practices targeted at settlement class members. pic.twitter.com/i7fz0LRwF3
— Sheilla Dingus (@SheillaDingus) September 12, 2017
This article from @MMitchellTLI details some of the orders and NFL concussion settlement motions I tweeted earlier https://t.co/dkglYT15gF
— Sheilla Dingus (@SheillaDingus) September 13, 2017
Thursday:
▶️Update 9/18/17: A Florida law firm has filed notice of joinder with this motion in hopes of clarification on and hopefully elimination of the many deficiency notices issued to players whose claims are well established and should be clear-cut approvals. Deficiency notices have even been issued to derivative claimants whose family member died of the conditions specified in their claims.
New motion filed by FL attorneys in #NFL #Concussion Settlement addressing deficiency notices, delays.
PDF: https://t.co/rI0bCOlAYy pic.twitter.com/B8hRGaaFuE— Sheilla Dingus (@SheillaDingus) September 15, 2017
“Regrettably, former NFL player, Thomas Johnson ‘John’ Reaves died while waiting for his claim to be reviewed.” #NFL #Concussion Settlement pic.twitter.com/KQPcerdeLa
— Sheilla Dingus (@SheillaDingus) September 15, 2017
“Claims Administrator has effectively amended the Amended Settlement…” This is @ least 3rd motion (from 3 different attys) asserting this pic.twitter.com/PaaofqxVGv
— Sheilla Dingus (@SheillaDingus) September 15, 2017
Examples of unsupported deficiency notices pic.twitter.com/bPUmULL0rb
— Sheilla Dingus (@SheillaDingus) September 15, 2017
2 of 200 claims presented have received notice of award – those 2 are being audited, delaying that award. pic.twitter.com/vAc3CL8s4E
— Sheilla Dingus (@SheillaDingus) September 15, 2017
“[N]o (or very few) claims have been paid to any former player in the more than six month since claims packages have been submitted…” pic.twitter.com/wbmtGYNj0G
— Sheilla Dingus (@SheillaDingus) September 15, 2017
Exhibit with motion: Letter from #Jets advising retirees NOT to hire an attorney. pic.twitter.com/ujivGTZiZt
— Sheilla Dingus (@SheillaDingus) September 15, 2017
Reason? It will take out of class counsel’s pocket. I’ve seen ZERO motions filed by class counsel on behalf of pro se players. https://t.co/c7GvEsyTuE
— Sheilla Dingus (@SheillaDingus) September 15, 2017
Friday:
Judge Brody issued an order on Friday appointing William Rubenstein as an expert to determine atty fees in #NFL #Concussion Settlement pic.twitter.com/nfGxdWuDcB
— Sheilla Dingus (@SheillaDingus) September 18, 2017
In her order, Judge Brody acknowledged numerous objections to Rubenstein’s appointment but did not address them. https://t.co/W1gZTpV033
— Sheilla Dingus (@SheillaDingus) September 18, 2017
Unusual procedural development in CFPB/NY AG lawsuit against RD Legal Funding https://t.co/WZJ9rAfoba via @natlawreview
cc @NFLObjectors— Sheilla Dingus (@SheillaDingus) September 17, 2017
Ezekiel Elliott
I’m just hitting the highlights this week – so I highly recommend following Daniel Wallach @WALLACHLEGAL, Michael McCann @McCannSportsLaw, Dan Werly @WerlySportsLaw & and Frank Cawley @Frank_Cawley for the broadest and most comprehensive coverage of this case.
▶️Update 9/19/17: new filing in EDTX yesterday from NFLPA + Judge Mazzant writes a tersely worded opinion upholding his injunction blocking Ezekiel Elliott’s suspension. Now all eyes are on the Fifth Circuit. Here’s what you need to know:
Zeke Elliott’s status may be clarified today by the 5th Circuit. @khairopoulos assesses the possibilities (with me): https://t.co/BaG3BCYk3R
— Daniel Wallach (@WALLACHLEGAL) September 19, 2017
Open questions:
Stay or no stay?
Expedited appeal?
More briefing?
Dispense w/ oral argument?
Resolution this year?https://t.co/NSpxLBiCU1— Daniel Wallach (@WALLACHLEGAL) September 19, 2017
Monday:
DEVELOPING: NFL files notice of appeal over Ezekiel Elliott court ruling. My @usatodaysports story. https://t.co/SbTyYw1sWA
— A.J. Perez (@byajperez) September 11, 2017
Interesting that NFL sought emergency stay in Elliott case, but not in Deflategate.
Reason: Mazzant’s opinion attacks NFL’s integrity
— Daniel Wallach (@WALLACHLEGAL) September 11, 2017
This is an area of law gravely in need of reform when outwitted and over-matched workers are nailed to unfair employer friendly terms pic.twitter.com/0zv1lVvYjy
— Sheilla Dingus (@SheillaDingus) September 11, 2017
Only the #NFL could somehow manage “to deny justice to both the accused & the accuser,” writes @DanWetzel https://t.co/8HoDZDiMZG
— Sheilla Dingus (@SheillaDingus) September 11, 2017
.@linzsports looks how the NFL’s power grabs & lack of transparency harm everyone in its path https://t.co/hwOGbdHev3
— Sheilla Dingus (@SheillaDingus) September 11, 2017
Tuesday:
“NFL can always get its pound of flesh at a future point in time.”-@WALLACHLEGAL on NFL’s irreparable harm argument.https://t.co/CBUbKjZi05
— Sheilla Dingus (@SheillaDingus) September 12, 2017
Wednesday:
Cowboys writers catching up to #Patriots colleagues on legal knowledge. A+ take by @clarencehilljr on “stay” issues: https://t.co/MS9AIYPxS8
— Daniel Wallach (@WALLACHLEGAL) September 13, 2017
Here is the PDF of the NFL’s brief seeking to reinstate Elliott’s suspension, filed a couple days before it was due: https://t.co/uyM2LjjFr0 https://t.co/WGeYqAR1Oo
— Dan Werly (@WerlySportsLaw) September 14, 2017
Interesting #EzekielElliott perspective from @TimCowlishaw https://t.co/6Eqh18qC0p via @sportsdaydfw
— Sheilla Dingus (@SheillaDingus) September 14, 2017
@WALLACHLEGAL weighs in on the latest NFL legal maneuvering in #EzekielElliott saga via @khairopoulos https://t.co/HCy1lNtHoQ
— Sheilla Dingus (@SheillaDingus) September 14, 2017
Thursday:
NEW @ConductPod: @WALLACHLEGAL and I discuss the latest developments in the Ezekiel Elliott saga & make predictions: https://t.co/vPeumwjP78 pic.twitter.com/ZXAgGKCSch
— Dan Werly (@WerlySportsLaw) September 14, 2017
Friday:
NFL adds former U.S. Solicitor General Paul Clement to Ezekiel Elliott case. He will be handling 5th Circuit appeal. pic.twitter.com/hZ5OisnxTG
— Daniel Wallach (@WALLACHLEGAL) September 15, 2017
Expected but important. Clement is one of the best lawyers in the country and has a winning streak against the NFLPA. https://t.co/UBrsBVQajV
— Dan Werly (@WerlySportsLaw) September 15, 2017
BREAKING: NFL files emergency motion with the Fifth Circuit seeking stay of Judge Mazzant’s preliminary injunction in Ezekiel Elliott case
— Daniel Wallach (@WALLACHLEGAL) September 15, 2017
Retired EDTX Judge David Folsom appears on behalf of NFLPA. Judge Folsom has sat by designation in 5th Circuit many times. pic.twitter.com/28Dgm4AXZy
— Frank Cawley (@Frank_Cawley) September 15, 2017
Dear members of the sports media. Hope you have a wonderful weekend. pic.twitter.com/ICmfBG5uUj
— George Atallah (@GeorgeAtallah) September 15, 2017
Insightful navigation of the legal maze of the #EzekielElliott case via @McCannSportsLaw https://t.co/eKbxm7qJfH / @SInow
— Sheilla Dingus (@SheillaDingus) September 16, 2017
Saturday:
BREAKING: NFLPA files response to NFL’s emergency motion for stay of preliminary injunction pending appeal. Link: https://t.co/fTu1hmxoFH
— Daniel Wallach (@WALLACHLEGAL) September 16, 2017
Tale of Two Briefs
NFL gives “short-shrift” to irreparable harm
NFLPA goes to town on irreparable harm— Daniel Wallach (@WALLACHLEGAL) September 16, 2017
NFLPA argues for more judge-deferential standard of review: “abuse of discretion.”
NFL had argued for “de novo.” pic.twitter.com/pfbYTxkdPc
— Daniel Wallach (@WALLACHLEGAL) September 16, 2017
This is such an important battleground. Determines how much deference should be given to DC opinion. lots or none? https://t.co/ERRhhW6MIa
— Daniel Wallach (@WALLACHLEGAL) September 16, 2017
NFLPA says no ‘irreparable harm’ to NFL if Elliott plays during court battle, via @ScottMGleeson (+ quotes from me): https://t.co/8A4z98aHQ3
— Daniel Wallach (@WALLACHLEGAL) September 17, 2017
Evans et al vs. NFL Clubs (painkiller lawsuit)
For those following the Evans painkiller lawsuit v #NFL Clubs-plaintiffs have requested an extension to 1/26/18 to file initial appeal brief pic.twitter.com/vfrLgMtILq
— Sheilla Dingus (@SheillaDingus) September 15, 2017
Michael Bennett
NFL’s Michael Bennett says he plans to sue Las Vegas Police https://t.co/4NNySUVkDE
— Sheilla Dingus (@SheillaDingus) September 17, 2017
OHL Minimum Wage Lawsuit
Tough week for OHL in its “Chernobyl meltdown” minimum-wage lawsuit.
Judge says OHL must pay $1.1M+ in legal fees if it loses at trial. /1 pic.twitter.com/sdevHKP36E— Rick Westhead (@rwesthead) September 14, 2017
Highlights from judge’s ruling on costs in OHL min. wage case, awarding plaintiffs $1.1M+ in legal fees. pic.twitter.com/FWa3ZCXRG2
— Rick Westhead (@rwesthead) September 14, 2017
Charles Oakley vs. James Dolan/MSG
ADA claim is quite interesting as is the rest of @McCannSportsLaw‘s breakdown of Oakley vs. Dolanhttps://t.co/hehEPr8fzx
— Sheilla Dingus (@SheillaDingus) September 12, 2017
Attorneys for James Dolan & MSG have already filed their appearances in the Charles Oakley lawsuit. Get ready for scorched-earth litigation.
— Daniel Wallach (@WALLACHLEGAL) September 17, 2017
Jane Doe vs. Derrick Rose Appeal
Derrick Rose’s sexual assault accuser (Jane Doe) has finally filed her opening brief with the Ninth Circuit-under seal.
Trial was in 10/16.
— Daniel Wallach (@WALLACHLEGAL) September 18, 2017
?NFL Sidelines:
The NFL season kicked off Sunday, but focus seemed to be far from football. @SI_PeterKing‘s MMQB is up: https://t.co/9qrAi2gGgg pic.twitter.com/xqHfkLC3Ym
— The MMQB (@theMMQB) September 11, 2017
NFLPA
“I think I disrupted that plan,” says @cyrus4nflpa in our interview, re an uncontested extension of De Smith. https://t.co/0pJSsDPQbj
— Sheilla Dingus (@SheillaDingus) September 11, 2017
Player choice is important And I have an alternative playbook Kicked off the campaign check out the coverage https://t.co/XQaQL3Mtpj
— Cyrus Mehri (@cyrus4nflpa) September 12, 2017
.@cyrus4nflpa begins meeting with players with first stop in Dallas https://t.co/7SugWWIblM via @NFLCharean
— Sheilla Dingus (@SheillaDingus) September 13, 2017
.#NFLPA‘s @DeSmithNFLPA faces challenge from Civil Rights lawyer @cyrus4nflpa who wants to reform discipline policy https://t.co/bCezZK1Auk
— NFLCSFacts (@NFLObjectors) September 14, 2017
#NFL players could begin voting Tuesday on DeMaurice Smith’s status as #NFLPA leader https://t.co/eeXkDW62Ke via @MarkMaske
— Sheilla Dingus (@SheillaDingus) September 17, 2017
This is why Advocacy for Fairness in Sports Supports Cyrus Mehri’s bid for NFLPA Executive Director. He places strategy over rhetoric; solutions over threats.
Kessler’s brilliant no doubt. I do have doubts about Smith. But I think @AndrewBrandt nailed the problem here: pic.twitter.com/Vcr4XI2Hue
— Sheilla Dingus (@SheillaDingus) September 17, 2017
———————————————
Debut column for The Athletic, taking readers behind curtain of Green Bay; thoughts on NFL-NFLPA sniping re Elliott: https://t.co/TIyqcPJnEK
— Andrew Brandt (@AndrewBrandt) September 16, 2017
Sources: Jones impeding Goodell contract talks https://t.co/L41oyHQ0ai
— Chris Mortensen (@mortreport) September 17, 2017
?Concussion Discussion:
Tomase: Junior Seau’s legacy, CTE, and why it’s harder than ever to be an NFL fan #Afterthecheeringstops #CTE https://t.co/vctIRbfFAI
— Cyndy Feasel ? (@CyndyFeasel) September 11, 2017
My #concussion Google alert just came in w/ an article about debut of new “safer” helmet, then a list of players who sustained concussions ? pic.twitter.com/cuuZJ7voLj
— Sheilla Dingus (@SheillaDingus) September 13, 2017
Repetitive hits, concussions, and a mother’s long goodbye to youth football https://t.co/epOBIQMtY5 via @JulieDiCaro
— Sheilla Dingus (@SheillaDingus) September 13, 2017
BREAKING: #CFL is announcing an immediate end to full-contact practices. More from @TSNDaveNaylor: https://t.co/Jzxpy7j0iD pic.twitter.com/5WAe85Cwdc
— TSN (@TSN_Sports) September 13, 2017
This is good. The best current solution to brain trauma is football is to play less football, with more recovery time between hit exposures. https://t.co/SDloVFhG3K
— Patrick Hruby (@patrick_hruby) September 13, 2017
Unquestionably biggest news in history of #cte @el_belson and @nytimes should be on this like no other story. #gamechanger #nfl up next? https://t.co/mtzpX5rn0J
— Brad Sohn (@BradSohn) September 13, 2017
“… they used him and threw him away. After playing [5 years] in the NHL, he wound up on a medical care program provided by the state.” https://t.co/NOkl5nsuBg
— Rick Westhead (@rwesthead) September 13, 2017
As if there wasn’t enough to contend with @jeffnixon writes about another obstacle to retired #NFL familieshttps://t.co/BGadqIGkxx
— Sheilla Dingus (@SheillaDingus) September 14, 2017
LenDale White estimates he had 20 to 30 #concussions https://t.co/uKHDUwsP3P via @NFLCharean
— Sheilla Dingus (@SheillaDingus) September 15, 2017
UT ex Julius Whittier battles Alzheimer’s as his sister takes on the NCAA https://t.co/baG6MJG51b via @mikefinger
— Sheilla Dingus (@SheillaDingus) September 17, 2017
✊?✊?✊?Athlete Activism:
@NiggaTheory My latest, my brother: https://t.co/GeAfYlRtHR
— Jason Reid (@JReidESPN) September 11, 2017
.@Kaepernick7 is paying the NFL’s black tax https://t.co/9hgvg6dvyo via @NiggaTheory
— Sheilla Dingus (@SheillaDingus) September 14, 2017
WR Kenny Stills: Why no support for Colin Kaepernick, protests? – via @ESPN https://t.co/tv3X7TN5ur
— Cyrus Mehri (@cyrus4nflpa) September 14, 2017
Congrats to Week 1 #CommunityMVP @Kaepernick7 for his latest $100K donation and hosting a back-to-school giveaway. https://t.co/jmmGxLlgSW pic.twitter.com/fzUJ9zkK1Y
— NFLPA (@NFLPA) September 15, 2017
?The Scoop on Sports Betting:
Two more amicus briefs in NJ sports betting case:
Con Law Scholars: https://t.co/KZDIcatJnD
New Sports Economy: https://t.co/wQGuIXwZWv— Daniel Wallach (@WALLACHLEGAL) September 11, 2017
Constitutional Law Scholars amicus brief in NJ #sportsbetting compares NJ partial appeal of PASPA to other states’ partial drug law repeals pic.twitter.com/ECKkSysCB5
— Sheilla Dingus (@SheillaDingus) September 12, 2017
Constitutional Law Scholars demonstrate how SCOTUS failure to strike down lower court PASPA ruling could impact states’ marijuana laws pic.twitter.com/QzAto5YvLL
— Sheilla Dingus (@SheillaDingus) September 12, 2017
