Important Sports & Sports Law News
Week of September 25, 2017
?Tweet of the Week:
We’re witnessing one of the most important moments in sports history.
— mike freeman (@mikefreemanNFL) September 24, 2017
?Read of the Week:
Paul D. Anderson captured both the legal and other ramifications of Aaron Hernandez’s Stage 3 CTE diagnosis in this article. If you only have time for one Hernandez piece, this is the one you need to read.
#CTE impact & #AaronHernandez legal args are defined by atty @PaulD_Anderson. Most comprehensive piece I’ve read.https://t.co/pvmFsEBHtR pic.twitter.com/of2DwkMf7X
— Sheilla Dingus (@SheillaDingus) September 23, 2017
⚖️Litigation Lane:
NFL Concussion Settlement
Sept 19:
Motion & Memo of Law filed in #NFL #Concussion Settlement today begs question: If CLCC wished to obtain discovery, why deviate from Rules? pic.twitter.com/OZrlv3Uaxy
— Sheilla Dingus (@SheillaDingus) September 19, 2017
Another law firm has filed Notice of Joinder seeking to fairly administrate NFL Concussion Settlement claims in accordance w/agreement terms pic.twitter.com/bNC3RhiAcl
— Sheilla Dingus (@SheillaDingus) September 19, 2017
Important article from @RickMaese details disturbing developments, deficiencies and delays in Concussion Settlementhttps://t.co/IGIqc78K7B
— Sheilla Dingus (@SheillaDingus) September 19, 2017
Advocacy for Fairness in Sports has obtained audio of the NFL Concussion Settlement hearing before Judge Brody todayhttps://t.co/P4CMYsAxLo
— Sheilla Dingus (@SheillaDingus) September 20, 2017
Sept. 20:
Some very serious claims and considerations presented here:
⚡️ “Motion filed in NFL Concussion Settlement Questions Class Counsel Fees”https://t.co/BOxofx1p5Z
— Sheilla Dingus (@SheillaDingus) September 20, 2017
Movant asks court to deny Class Counsel’s fee petition until the Claims Administrator has established an actual track record of payments to neurologically impaired players and their families.
Another NFL Concussion Settlement filing just in
Motion to Compel Compliance w Case Mgt Order
PDF: https://t.co/SHSw82Iki5 pic.twitter.com/48GQxfkPlS— Sheilla Dingus (@SheillaDingus) September 20, 2017
Supporting Memorandum of Law asks all plaintiffs’ counsel to submit summary time and expense reports
PDF: https://t.co/a3LFAr2oxY pic.twitter.com/N0qA6biwvR— Sheilla Dingus (@SheillaDingus) September 20, 2017
So far Judge Brody hasn’t ruled on any motions by non-Class Counsel. Will be interesting to see how she rules on mot to compel her own order
— Sheilla Dingus (@SheillaDingus) September 21, 2017
Sept. 21:
As the concussion settlement has progressed into six months of claims processing, few claims have been paid; instead the process has been derailed with excessive deficiency notices and audits, and assertions of improper handling of claims and medical documents. So far, two motions have been filed by different law firms addressing the problems and asking the court administrate the settlement as is written in the settlement agreement. This is the fourth motion in joinder of these claims, presenting yet more evidence of mishandling. Be sure to click and read the highlights (if you can call them that) which I’ve pulled from the document as well as links to the same.
⚡️ICYMI
Massive claims mishandling in #NFL #Concussion Settlement.
Here’s the Cliff Notes version.https://t.co/cVHh7NLrVz— Sheilla Dingus (@SheillaDingus) September 21, 2017
In comment to @SaltLakeTribBRK NFL Concussion Settlement CLCC Chris Seeger, says process is easy. He seems to be the only one who thinks so. pic.twitter.com/eu2Oz9zdWI
— Sheilla Dingus (@SheillaDingus) September 21, 2017
Yesterday the (at least) 6th motion in the settlement was filed asking for admin of claims as in agreement. Even attorneys are confused. pic.twitter.com/cMSf0fny4d
— Sheilla Dingus (@SheillaDingus) September 21, 2017
Some players who’s claims have been kicked back as deficient are receiving NFL’s Neuro Disability benefit which is difficult to qualify for.
— Sheilla Dingus (@SheillaDingus) September 21, 2017
Letter from Jets & likely others wants players to avoid private counsel. Apparently CLCC representation is in the NFL’s best interest. pic.twitter.com/ITKLvYxdzR
— Sheilla Dingus (@SheillaDingus) September 21, 2017
Aaron Hernandez:
Aaron Hernandez Found to Have Severe C.T.E. at age 27; one of the youngest NFLers to be Dx’d https://t.co/fcsmXST57z via @el_belson
— Sheilla Dingus (@SheillaDingus) September 21, 2017
The legal drama of #AaronHernandez #CTE Dx is beginning; @McCannSportsLaw details the nuances in play. https://t.co/wkGjQwj8p9
— Sheilla Dingus (@SheillaDingus) September 22, 2017
While the lawsuit is currently sealed Bob McGovern of the Boston Herald obtained some of the allegations:
Here are some specific allegations regarding #AaronHernandez. pic.twitter.com/VMHYGRiCuY
— Bob McGovern (@BobMcGovernJr) September 21, 2017
.@WALLACHLEGAL offers insight on #AaronHernandez case and why NFL probably won’t risk discoveryhttps://t.co/si5EFGUT6k via @AlexReimer1
— Sheilla Dingus (@SheillaDingus) September 22, 2017
Lots of info in this #AaronHernandez / #CTE story from @MarissaPayne https://t.co/ZaYbK6BXhL
— Sheilla Dingus (@SheillaDingus) September 21, 2017
“He had a raisin-like brain of a 70-year-old” says @BradSohn in comments to @el_belson regarding #AaronHernandez https://t.co/HK0bm3sdVi
— Sheilla Dingus (@SheillaDingus) September 23, 2017
Hernandez #CTE lawsuit faces long odds, but settlement positioning is the goal, via @TAGlobe (w/ comments from me): https://t.co/FJrpzPwvlr
— Daniel Wallach (@WALLACHLEGAL) September 23, 2017
.@BobMcGovernJr how the #AaronHernandez legal fallout will go far beyond the lawsuit getting the most press. https://t.co/eRo23q6drT
— Sheilla Dingus (@SheillaDingus) September 24, 2017
Ezekiel Elliott
Sept. 19:
NFL demand for a ruling by 5th Circuit on Ezekiel Elliott by 10 am CT lapses. Doesn’t mean Elliott will win, but judges decide when to rule.
— Michael McCann (@McCannSportsLaw) September 19, 2017
Sept. 20:
Maybe not such a great idea for the NFL to be issuing scheduling orders to federal courts. That’s not how it works.
— Daniel Wallach (@WALLACHLEGAL) September 20, 2017
Calling it an “emergency” would’ve been enough. No need to dictate to courts. They’re not covered under same CBA. https://t.co/iZGlaHE1Xz
— Daniel Wallach (@WALLACHLEGAL) September 20, 2017
#EzekielElliott Pacer watch:
Apparently 5CA doesn’t view #NFL‘s emergency motion as an emergency.
Panel still “not available” pic.twitter.com/Hf0DpwTivz— Sheilla Dingus (@SheillaDingus) September 21, 2017
Sept. 21:
Ezekiel Elliott’s attorney says “next step” before Judge Mazzant is a hearing on full merits (+ witness testimony?): https://t.co/UxZFIJilan
— Daniel Wallach (@WALLACHLEGAL) September 21, 2017
Ellliott case will move on parallel tracks: while CA5 hears appeal of PI, Mazzant will resolve vacatur merits & then that will be appealed.
— Daniel Wallach (@WALLACHLEGAL) September 21, 2017
There are potentially six court decisions left:
Stay (CA5)
PI appeal (CA5)
Vacatur (Mazzant)
Vacatur appeal (CA5)
Rehearing (CA5)
SCOTUS?— Daniel Wallach (@WALLACHLEGAL) September 21, 2017
Sept. 22:
BREAKING: 5th Circuit will hold oral argument on Monday, October 2nd, on the NFL’s emergency motion for a stay in the Ezekiel Elliott case
— Daniel Wallach (@WALLACHLEGAL) September 22, 2017
17 days after NFL files lawsuit against #EzekielElliott in SDNY to uphold suspension, attys Kessler and Greenspan file notice of appearance. pic.twitter.com/irF5LV2n4y
— Sheilla Dingus (@SheillaDingus) September 22, 2017
Don’t want to read too much into this, but 5th Circuit could have denied the stay (and typically does) without a hearing. https://t.co/1H9WgNupDL
— Gabe Feldman (@SportsLawGuy) September 22, 2017
5th Circuit has ordered NFL, NFLPA to file 5-page briefs on the issue of subject matter jurisdiction by Wednesday: pic.twitter.com/oYa3fKNug9
— Daniel Wallach (@WALLACHLEGAL) September 22, 2017
Each side will get 20 minutes of oral argument time, but court could extend that since next hearing isn’t until 2:30: pic.twitter.com/y6hQn324bn
— Daniel Wallach (@WALLACHLEGAL) September 22, 2017
Later that evening:
#BREAKING
Jeffrey Kessler responds to SDNY #EzekielElliott case filed by NFL with a letter requesting a pre-motion conference pic.twitter.com/xcfmVo4Q18— Sheilla Dingus (@SheillaDingus) September 23, 2017
Kessler states intent to file a pre-answer motion asking court to halt the NY case through one of three options. pic.twitter.com/FTAVY4gHnV
— Sheilla Dingus (@SheillaDingus) September 23, 2017
Kessler: “The NFL commenced the above-captioned action by filing a threadbare complaint that ignores the mirror-image Texas Case.” pic.twitter.com/i1qi2uNPFp
— Sheilla Dingus (@SheillaDingus) September 23, 2017
Per NFLPA filing, NFL has consented to a stay of SDNY lawsuit until CA5 resolves jurisdiction, but won’t agree to dismissal.
— Daniel Wallach (@WALLACHLEGAL) September 23, 2017
Sept. 25:
Prada and Elrod (appointed by Bush II) are from Texas, and Graves (Obama) is court’s second African-American judge. https://t.co/4lNAuNFHyV
— Daniel Wallach (@WALLACHLEGAL) September 25, 2017
The possible swing vote for #Zeke. https://t.co/PxhUJ2vrZ5
— Daniel Wallach (@WALLACHLEGAL) September 25, 2017
The possible swing vote for #Zeke. https://t.co/PxhUJ2vrZ5
— Daniel Wallach (@WALLACHLEGAL) September 25, 2017
Mike Peluso
Ex-NHLer Mike Peluso Fights Team, Insurer Bids To Bench Head Injury Suit https://t.co/uMfX4sdCrD pic.twitter.com/odrRxCAgaE
— Sheilla Dingus (@SheillaDingus) September 19, 2017
Dawson vs. NCAA
Dawson tells 9th Circ. employment relationship “unquestionably exists” b/n D-I FBS football players and NCAA and Pac-12. pic.twitter.com/ycR1zYrzWb
— Zach Zagger (@ZachZagger) September 20, 2017
Charles Oakley vs. James Dolan, MSG
James Dolan, MSG teeing up motion to dismiss Charles Oakley lawsuit with 60-day agreed window to answer complaint: pic.twitter.com/6oxSFggLjh
— Daniel Wallach (@WALLACHLEGAL) September 24, 2017
Rams Fans vs. Rams
#Rams Fans Want Info On Seat License Pricing At LA Stadium https://t.co/uGzsLVL0nJ via @ZachZagger pic.twitter.com/jNM7lKRqaN
— Sheilla Dingus (@SheillaDingus) September 25, 2017
⚠️NFLPA & Players’ Rights:
Sept. 19:
NFL players can begin voting Today on DeMaurice Smith extension. https://t.co/qMHChWPUvq via @NFLCharean
— Sheilla Dingus (@SheillaDingus) September 19, 2017
BREAKING: DeMaurice Smith was re-elected NFLPA executive director tonight by a 14-0 vote of the selection committee….
— Jim Trotter (@JimTrotter_NFL) September 20, 2017
What has he done for his members again?
— Joe Begonis (@TheBegonis) September 20, 2017
My Statement: pic.twitter.com/6I4Mu6pxse
— Eric Winston (@ericwinston) September 20, 2017
Mr. Winston, why are you opposed to free election? Do you really want more of the same? https://t.co/0jpl7ecqnU
— Sheilla Dingus (@SheillaDingus) September 20, 2017
I should have probably asked “do the players you represent want more of the same” Career length has dropped to nearly half the time it was prior to the 2011 CBA. The NFL middle class is disappearing while more players work for league minimums with the majority of money designated to quarterbacks and a few key players.
We are becoming accustomed to predetermined outcomes with the NFL. The @NFLPA election sham appears 2 be more of the same. Very disappointed
— Sheilla Dingus (@SheillaDingus) September 20, 2017
NFL players walk a tightrope in retaining Demaurice Smith. His NFLPA signed off on a CBA giving Goodell the most power of any commissioner.
— Alicia Jessop (@RulingSports) September 20, 2017
Unlikely that players who voted to retain Smith will still be playing in 2021. Others will pay the price of the aborted election. https://t.co/Hb4YhOnW8y
— Sheilla Dingus (@SheillaDingus) September 20, 2017
Sept. 20:
#BREAKING@cyrus4nflpa issues statement on NFLPA “election” and importance of player choice.https://t.co/SJymh2Bnyj pic.twitter.com/ZcH8h1cJwJ
— Sheilla Dingus (@SheillaDingus) September 20, 2017
.@cyrus4nflpa: Over 80 percent percent of players -1,700-had no player representative on the Committee. pic.twitter.com/h9ZBhfjLos
— Sheilla Dingus (@SheillaDingus) September 20, 2017
Sept. 21:
.@cyrus4nflpa‘s statement on the NFLPA “election” via @AdamKilgoreWP: https://t.co/kTiRhm7YoT
& @MarkMaske: https://t.co/I6QCiLSnRm pic.twitter.com/BjQbfHXHhg— Sheilla Dingus (@SheillaDingus) September 21, 2017
This begs question of why did NFLPA keep 2007 Constitution on their website until Mehri published the current one on his?
From Maske’s story pic.twitter.com/BeWZG0R5SD— Sheilla Dingus (@SheillaDingus) September 21, 2017
Sept. 22:
.@cyrus4nflpa won’t concede to De Smith, yet https://t.co/HRTRjNGFiK via @ProFootballTalk
— Sheilla Dingus (@SheillaDingus) September 22, 2017
Florio’s observation has merit. Players are used to trash talk & De Smith has become quite adept at it. Unfortunately it won’t work w/owners pic.twitter.com/TEwlXr6ehw
— Sheilla Dingus (@SheillaDingus) September 22, 2017
.@ericwinston mouthed off & the owners fired #NFLPA Pres. a few days later. #NFLPA still elects a guy always slapped silly by @nflcommish.
— NFLCSFacts (@NFLObjectors) September 22, 2017
Another observation from Florio. Players across the board should be paying attention. I know more & more retirees are. pic.twitter.com/Xxvf1Eanzk
— Sheilla Dingus (@SheillaDingus) September 22, 2017
SI’s @RobertKlemko on @DeSmithNFLPA‘s legacy and its impact on quality of NFL games. pic.twitter.com/O6X4kzN3zi
— Sheilla Dingus (@SheillaDingus) September 22, 2017
We need to be united as an NFL Community, and we need to stand up against whats wrong. See my interview on Mad Dogg https://t.co/IQyyFKow2w
— Cyrus Mehri (@cyrus4nflpa) September 23, 2017
Smiths initial Statement was small minded when leadership should seek to unify the NFL community when POTUS uses divisive rhetoric pic.twitter.com/Zo8gxQGbet
— Cyrus Mehri (@cyrus4nflpa) September 23, 2017
Thankfully NFL Players Intervened, and spoke out to fill the leadership gap
— Cyrus Mehri (@cyrus4nflpa) September 23, 2017
?Concussion Discussion:
Study shows playing football before age 12 can lead to mood and behavior issues https://t.co/DgwnU8uqqq
— Post Sports (@PostSports) September 19, 2017
The issue is not related to single-incident #concussions, but rather repetitive head trauma and extended #exposure. https://t.co/KC9V5xafh2
— Brad Sohn (@BradSohn) September 19, 2017
FWIW, Echemendia has already confirmed in emails that he agrees a link exists between repeated brain trauma & CTE. https://t.co/3IN8xCD8DP
— Rick Westhead (@rwesthead) September 20, 2017
6 years after Echemendia wrote a link exists, NHL commish continues to question science, saying it’s “at best, premature” to warn players.
— Rick Westhead (@rwesthead) September 20, 2017
Well reasoned and thought provoking narrative from @DanWetzel
That Hernandez had CTE is devastating news for NFL https://t.co/nzl5RGNUqo— Sheilla Dingus (@SheillaDingus) September 22, 2017
Hernandez #cte so significant that #nfl cannot ignore it, according to this author. https://t.co/t0LxUyBXGJ
— Brad Sohn (@BradSohn) September 22, 2017
He began playing tackle football at age 6-father’s death 10 yrs later likely aggravated already damaged brain https://t.co/pcHk5qHkeH
— Sheilla Dingus (@SheillaDingus) September 23, 2017
I’m back! My latest @TheAtlantic is on detecting CTE in the living, and the ramifications for medicine and sports: https://t.co/k3aJFSNYSm
— Patrick Hruby (@patrick_hruby) September 21, 2017
Of the 19 NFL players who completed #Suicide from 2005, 9 confirmed with #CTE. One was buried w/o examined. Balance unknown = 50% rate min.
— NFLCSFacts (@NFLObjectors) September 21, 2017
✊?✊?✊?✊✊?✊?Athlete Activism:
Chris Long donating six game checks to fund scholarships in Charlottesville https://t.co/2WgKsxuqTw
— ProFootballTalk (@ProFootballTalk) September 19, 2017
The memo 4 players sent NFL commissioner Roger Goodell https://t.co/asB4Y1iaSM via @CharlesRobinson
— Sheilla Dingus (@SheillaDingus) September 21, 2017
The events of Saturday and Sunday – President Trump’s condescending tweets through the NFL’s reaction will almost definitely, as Mike Freeman said, be remembered as a defining moment in sports history. I did a compilation of the highlights:
⚡️ “#TakeAKnee Weekend” by @SheillaDingushttps://t.co/CH0MwEWStp
— Sheilla Dingus (@SheillaDingus) September 25, 2017
⚡️ “#TakeAKnee Weekend” by @SheillaDingushttps://t.co/CH0MwEWStp
— Sheilla Dingus (@SheillaDingus) September 25, 2017
Throughout the weekend, and into Monday, the president kept SI’s Michael McCann busy writing about labor law.
This morning, Pres. Trump tweeted NASCAR community “won’t put up with disrespecting our Country.” Can drivers be fired over anthem? My take: https://t.co/BIC5OlFaNl
— Michael McCann (@McCannSportsLaw) September 25, 2017
.@McCannSportsLaw explains how NASCAR team owners could fire employees who sit for the national anthem https://t.co/TDAxnWc57t
— Sports Illustrated (@SInow) September 25, 2017
?NFL Sidelines:
Jerry Jones confirms his role in and discusses the dynamics of the Roger Goodell extension talks https://t.co/qnbSdpNRK6
— ProFootballTalk (@ProFootballTalk) September 19, 2017
Spot on assessments and observations from @nrarmour https://t.co/nnzlMvcN0d ???
— Sheilla Dingus (@SheillaDingus) September 20, 2017
Richard Sherman calls out NFL hypocrisy over injury reports and gambling https://t.co/F5xEVyYhIy via @davidfucillo
— Sheilla Dingus (@SheillaDingus) September 21, 2017
NFL retirees-this is worth a read-via @jeffnixon
Opting back into the NFL Publicity Rights Settlementhttps://t.co/rKsYOqrGAu— Sheilla Dingus (@SheillaDingus) September 21, 2017
⚾️MLB Hits:
Are teams responsible when a fan is injured by a foull ball? https://t.co/OZMpfxvDWm via @McCannSportsLaw #Yankees #MLB
— Sheilla Dingus (@SheillaDingus) September 21, 2017
?NBA Dunks:
President Trump un-invites the Warriors to the White House, which could make things interesting after the Super Bowl https://t.co/TVemO1wFSt
— ProFootballTalk (@ProFootballTalk) September 23, 2017
Statement from the Warriors on the now not-possible White House visit pic.twitter.com/2TbRYGsH8o
— Ramona Shelburne (@ramonashelburne) September 23, 2017
NBA’s Steve Kerr blasts Trump over anthem tantrum: ‘You know what else is disrespectful to our flag? Racism’ https://t.co/los8uTF0fI
— Sheilla Dingus (@SheillaDingus) September 25, 2017
?NHL Breakaways:
“The rule has always been there, we just didn’t call it,” said Maple Leafs coach Mike Babcock. https://t.co/9CYLGozZj1 via @thehockeywriter
— Sheilla Dingus (@SheillaDingus) September 25, 2017
?The Scoop on Sports Betting:
Just How Long Do We Have To Wait For Sports Betting In NJ? @WALLACHLEGAL believes < 1 year. https://t.co/SiTl2S7vmO via @playnjcom
— Sheilla Dingus (@SheillaDingus) September 19, 2017
Excellent profile of Dennis Drazin, the “mastermind” of the NJ sports betting case. Worth your time. https://t.co/bLXvrDtsOZ
— Daniel Wallach (@WALLACHLEGAL) September 21, 2017
Drazin: “This battle for us isn’t just esoteric, constitutional law. This is the survival of an industry.” https://t.co/KlEucFUXTs
— Daniel Wallach (@WALLACHLEGAL) September 21, 2017
NFL’s Dispute With Ezekiel Elliott Flags Issue In Supreme Court Sports Betting Case https://t.co/04LCjIm1dp pic.twitter.com/9m0fTLMKK1
— Legal Sports Report (@LSPReport) September 21, 2017
@EwaBakun interviews Alfredo Lorenzo:
US #sportsbetting ‘integrity starts w/ the education of all participants’ https://t.co/nP3sMVg3KH— Sheilla Dingus (@SheillaDingus) September 21, 2017