Important Sports & Sports Law News
Week of 10/22/17 – 10/28/17
?Tweet of the Week:
I talk better in court. You think lawyers speak Latin at home? “Ergo, I respectfully request that opposing seatmate pass the salt.” No.
— The Cranky Lawyer ? (@eleebeck) October 24, 2017
Most of the stuff I tweet is dead serious, as are most responses. Though I’m not a lawyer, I spend so much time reading and discussing briefs that the advertising bots are convinced I’m in need of men’s underwear. This break in the dialog put a smile on my face and actually made me giggle aloud – so now – I request leave to move on the next opposing seatmate and pour some salt. ?
?Reads of the Week:
I flipped a coin and still couldn’t decide, so we have two essential reads this week. First, ESPN’s investigative reporters give a “fly on the wall” view as to what really took place in the meetings last week.
The behind-closed-doors story of how NFL executives, owners and players handled anthem protests, by me and @DVNJr. https://t.co/kGnn6DcnP9
— Seth Wickersham (@SethWickersham) October 27, 2017
And this from Patrick Hruby, written in 2014. If you want to know what’s going on the NFL Concussion Settlement, read this. Patrick looked into his crystal ball and got it right.
From 2014
Why Former Players Are Worried About The NFL Concussion Settlement https://t.co/LMtf9swiPd via @patrick_hruby— Sheilla Dingus (@SheillaDingus) October 28, 2017
⚖️Litigation Lane:
NFL Concussion Settlement
ICYMI: My report on NFL Concussion Settlement Class Counsel’s bid for $70.4M fee and objections… https://t.co/4tc7vPqNZn
— Sheilla Dingus (@SheillaDingus) October 23, 2017
Law Firms describe in exhibit how #NFL #Concussion Settlement terms are being rewritten by Class Counsel/ClaimsAdminhttps://t.co/KeFavxWaBp
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Brief points to “twisting & reframing of lang, minimization, denial & avoidance of critical points, & changing subject to irrelevant issues”
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Oh my goodness. Looks like more ppl are realizing the #nflconcussion settlement is a big steaming pile of ?? @AGSchneiderman do something! https://t.co/HShRdZyumc
— The Cranky Lawyer ? (@eleebeck) October 24, 2017
“Claims Administrator Admits Certain Key Points Raised in the Motion.” pic.twitter.com/htuOueJe2n
— Sheilla Dingus (@SheillaDingus) October 24, 2017
MAJOR POINT: “The Claims Administrator’s position… is not communicated anywhere other than the Joint Opposition” pic.twitter.com/FMqCaWGwb3
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Notices of Preliminary Review do not exist in the #NFL #Concussion Settlement Agreement & wouldn’t be needed if administered accord to terms pic.twitter.com/L2lZYLDFrN
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Many deficiency notices have been issued post “preliminary review” adoption. Are they really deficiencies? Hard to player or atty to know. pic.twitter.com/NVzTvZxCNI
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Deficiencies noted in exhibit + example I recd from a player have dates following July 18. Are they “really” deficiencies. @AGSchneiderman pic.twitter.com/mLZcp33YpN
— Sheilla Dingus (@SheillaDingus) October 24, 2017
This is a VERY IMPORTANT motion, so I’ve compiled the highlights here:
⚡️ “Motion filed in Concussion Settlement Asks @SeegerWeiss To Pay Players First”https://t.co/Hw3jDWywGE
— Sheilla Dingus (@SheillaDingus) October 28, 2017
Highlights from other noteworthy filings:
Key excerpt from Faneca Objectors motion objecting to Chris Seeger’s fee petition: pic.twitter.com/1uY8EgqABt
— Sheilla Dingus (@SheillaDingus) October 28, 2017
“At every turn, in court filings and in the media, Co-Lead Class Counsel vigorously
opposed benefits ultimately achieved for the class.” pic.twitter.com/8m0Vmma1PZ— Sheilla Dingus (@SheillaDingus) October 28, 2017
“Co-Lead Class Counsel – arm in arm with the NFL – defended the Revised
Settlement and opposed needed improvements” pic.twitter.com/BXI6iaZ3c1— Sheilla Dingus (@SheillaDingus) October 28, 2017
While Co-Lead Class Counsel did waive contingency fees, other Class Attorneys staunchly refuse to waive or reduce fees. pic.twitter.com/7Qnmf1JVpl
— Sheilla Dingus (@SheillaDingus) October 28, 2017
Some attorneys have reduced fees including many who will receive no funds from the common benefit fund. https://t.co/z6VdxKjzjw
— Sheilla Dingus (@SheillaDingus) October 28, 2017
This was encouraged by CLCC who is requesting $70.4M from the common benefit fund PLUS 5% from their fees. https://t.co/MJ3r04cbDm
— Sheilla Dingus (@SheillaDingus) October 28, 2017
Footnote from another CLCC fee petition objection filed by Alexander Objectors.
Seems I’m not the only one with unanswered emails. pic.twitter.com/CmaSYLFDMp— Sheilla Dingus (@SheillaDingus) October 28, 2017
#NFL Concussion Settlement: 20,000 registrants; 104 claims paid.
(Alexander Objectors declaration) pic.twitter.com/mpf8RbWEF8— Sheilla Dingus (@SheillaDingus) October 28, 2017
Sometimes the devil’s in the details- or in this instance- footnotes.
Typical Class action discovery vs. NFL Concussion Settlement discovery pic.twitter.com/7pV0Gvc5DV— Sheilla Dingus (@SheillaDingus) October 28, 2017
“5% set-aside fee, which Co-Lead Class Counsel seek to recover from every
monetary award even after rec $112.5 million should be rejected.” pic.twitter.com/4DldZu34kl— Sheilla Dingus (@SheillaDingus) October 28, 2017
Players unable to work are suffering, some loosing their homes, some destitute; wives must play dual role of bread winners/caregivers https://t.co/3wYubKqP6y
— Sheilla Dingus (@SheillaDingus) October 28, 2017
Scheduling Order issues in Concussion Settlement MDL for cases in which Riddell is a defendant. https://t.co/1mnpUW8Q0c
— Sheilla Dingus (@SheillaDingus) October 24, 2017
#NFL #Concussion Settlement Update:
Over 80 short-form complaints against helmet maker Riddell have been filed since yesterday afternoon.— Sheilla Dingus (@SheillaDingus) October 26, 2017
And this:
The players literally got their brains knocked out! they NEED to be paid. Not just the attorneys& @nflcommish @NFLConcussions
— ROBIN FOUNTAIN ? (@mrstwfountain) October 28, 2017
Kaepernick
Kapp Redux: Revisiting Joe Kapp v. NFL in Light of the Kaepernick Case https://t.co/yqTLIlcraD
— Sheilla Dingus (@SheillaDingus) October 23, 2017
Geragos has “reason to believe” a collusion “smoking gun” exists https://t.co/sEFO1oHBkx via @ProFootballTalk
— Sheilla Dingus (@SheillaDingus) October 23, 2017
Colin Kaepernick’s collusion case is going to embarrass NFL owners, even if he loses https://t.co/hQ72tcAAnE via @louisbien
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Kaepernick’s lawyer says McNair remark a “smoking gun for collusion” and will seek to take his deposition ASAP: https://t.co/Re1NqLoUUd
— Daniel Wallach (@WALLACHLEGAL) October 28, 2017
Emails show Colin Kaepernick frozen out of discussions between NFL players and owners: https://t.co/Hd1as1PqhC via @slate
— Sheilla Dingus (@SheillaDingus) October 29, 2017
Ezekiel Elliott
The Ezekiel Elliott saga developments by the day:
Monday:
Why a settlement for both sides in the Ezekiel Elliott case makes sense, via @Dallas_Observer (w/ comments from me): https://t.co/FyVw7saNXv
— Daniel Wallach (@WALLACHLEGAL) October 23, 2017
Judge rejects NFL motion, Elliott will play in Week 8 https://t.co/AQchTZz4Zy via @@KDDrummondNFL w/quotes from @WALLACHLEGAL, @AmyDashTV
— Sheilla Dingus (@SheillaDingus) October 23, 2017
Tuesday:
Ezekiel Elliott’s case is really the first skirmish in the next CBA negotiation https://t.co/CzWSAxpOik via @BloggingTheBoys
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Wednesday:
#BREAKING NFLPA files Memorandum of Law in support of TRO / PI for #EzekielElliott
PDF: https://t.co/n9emL3CHXj— Sheilla Dingus (@SheillaDingus) October 25, 2017
Cliffs Notes version:
Irreparable harm
+
Fundamental fairness
+
Judge Crotty= Preliminary Injunctionhttps://t.co/Jip95RnDLE
— Daniel Wallach (@WALLACHLEGAL) October 25, 2017
Thursday:
Latest #NFLPA brief takes aim at Lisa Friel’s testimony https://t.co/A9vtn8gHq7 via @ProFootballTalk
— Sheilla Dingus (@SheillaDingus) October 26, 2017
Friday:
Lineup change for NFL in #Zeke case:
Paul Clement will be repping #NFL at Monday’s preliminary injunction hearing. pic.twitter.com/L7j8HgLE5v
— Daniel Wallach (@WALLACHLEGAL) October 27, 2017
Will Ted Olson put in an appearance as well?
Kessler’s record vs. Nash is good; record vs. Clement, not so good. https://t.co/HNpSW4p7U3— Sheilla Dingus (@SheillaDingus) October 27, 2017
Cases that Paul Clement has won for NFL:
2011 Lockout
Deflategate
Concussion appeal
Christie ICases that he has lost for NFL:
0?
— Daniel Wallach (@WALLACHLEGAL) October 27, 2017
Short form complaints against Riddell as of early this morning was 166, now up to 218 and counting. https://t.co/ncjRol2tkw
— Sheilla Dingus (@SheillaDingus) October 27, 2017
Lane Johnson vs. NFLPA, NFL
Meanwhile, in another SDNY courtroom, with “forked tongue” the NFLPA battles another player. Lane Johnson responds quoting Zeke arguments. pic.twitter.com/Ml9DrAN3h3
— Sheilla Dingus (@SheillaDingus) October 26, 2017
NFLPA’s Elliott brief is Exhibit 1 https://t.co/lQhNPEIH3U
— Sheilla Dingus (@SheillaDingus) October 26, 2017
“The hypocrisy by which the NFLPA has acted toward Lane is truly astounding” says Johnson’s attorney https://t.co/CPE6hNhyLz via @ZachZagger pic.twitter.com/ylIeKzLCMR
— Sheilla Dingus (@SheillaDingus) October 27, 2017
#NFLPA has ‘blood on its hands’ in @Lanejohnson65 case, attorneys say https://t.co/piFWPTs3MS via @alexmarvez
— Sheilla Dingus (@SheillaDingus) October 27, 2017
Baker et al v. BRG Sports Inc (Riddell)
Football helmet maker fends off another concussion-related lawsuit https://t.co/VMDFxRTQ2U via @LawInSport
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Yankees’ Foul Ball Injury Lawsuit
Fan is mulling an appeal of the so-called “Baseball Rule” about assuming risk to state’s highest court https://t.co/Uz83HP426J via @nypmetro
— Julia Marsh (@juliakmarsh) October 24, 2017
Amani Bledsoe vs. NCAA
https://t.co/7oCD0aNoEF | Amani Bledsoe’s legal representation files response to NCAA’s motion to dismiss lawsuit
— Sheilla Dingus (@SheillaDingus) October 27, 2017
Adrian Ghioroaie vs. Auburn
Ex-Auburn track coach sues school for wrongful termination stemming from a fight that involved a metal tiger statue: https://t.co/hJfWcwgvhu
— Dan Werly (@WerlySportsLaw) October 24, 2017
?PSA:
Neither are easy to obtain but one doesn’t preclude the other.
Contrary to popular belief, you can receive disability benefits and payments from concussion settlement pic.twitter.com/4fBgyzlPRe
— Benefits Huddle (@BenefitsHuddle) October 25, 2017
?Concussion Discussion:
The NFL has definitely tried to make its marketing program part of the school day.https://t.co/yiHPc1kHap
— Kent Johnson (@37919KJ) October 23, 2017
Chris Borland: From #NFL Star to Science Champion | Union of Concerned Scientists https://t.co/JtAFcgwbSo #CTE #concussion
— Sheilla Dingus (@SheillaDingus) October 24, 2017
Chris Borland Blasts #NFL for Hiding #CTE Risks https://t.co/IreRB2F0qU via @el_belson
— Sheilla Dingus (@SheillaDingus) October 24, 2017
I’m retweeting this daily for the next week. It’s too important to not read. #cte #nfl https://t.co/0Hrdq6AhYx
— Brad Sohn (@BradSohn) October 26, 2017
?Cannabis Conversation:
Ex-NBA commissioner David Stern says league should remove marijuana from banned list https://t.co/ETg67X2DrL via @MarissaPayne
— Sheilla Dingus (@SheillaDingus) October 26, 2017
?NFL Sidelines:
Mark Cuban foresaw an NFL ‘implosion’ of greed. Now, he says, it’s ‘accelerating.’ https://t.co/wgA7mtkuSU via @CindyBoren
— Sheilla Dingus (@SheillaDingus) October 26, 2017
Bob McNair’s “inmate” remark angers Texans players, nearly resulting in a Friday walkout https://t.co/TSp3kmqi3L
— ProFootballTalk (@ProFootballTalk) October 27, 2017
McNair’s Comments Reflect NFL Owners’ Longstanding Ethos https://t.co/jmDoGAo1uX via @AlbertBreer
— Sheilla Dingus (@SheillaDingus) October 28, 2017
It Was Roger Goodell Vs. Jerry Jones On National Anthem Protests https://t.co/dp2rKwJOFG via @barry
— Sheilla Dingus (@SheillaDingus) October 27, 2017
NFL reportedly clears Jarvis Landry, due to lack of evidence https://t.co/7NvM967cL0
— ProFootballTalk (@ProFootballTalk) October 24, 2017
Chris Mortensen explains his #Deflategate reporting at length for first time via @AlexReimer1 https://t.co/UlPQD1kRUP
— Sheilla Dingus (@SheillaDingus) October 26, 2017
The 10 biggest mistakes in NFL history https://t.co/nS4VPqAHKS via @SeifertESPN
— Sheilla Dingus (@SheillaDingus) October 29, 2017
Team Owner: “You don’t get to have this many messes over the years like Roger has had and survive it” https://t.co/vjldXeRURX
— Daniel Wallach (@WALLACHLEGAL) October 29, 2017
“In the NFL, it’s always about optics” sez @mikefreemanNFL in this week’s 10 Point Stance https://t.co/jrOKRZQU2X
— Sheilla Dingus (@SheillaDingus) October 29, 2017
?NHL Breakaways:
“The NHL makes the NFL look like amateurs in the Toradol department.” — @imseanavery on drug use in the NHL & his “cocktail of choice.” pic.twitter.com/qW0djqxGvG
— Rick Westhead (@rwesthead) October 23, 2017
Dryden: Time for a ‘Game Change’ when it comes to hockey and hits to the head https://t.co/zRLjjAOmAa
— Sheilla Dingus (@SheillaDingus) October 25, 2017
?NCAA Notebook:
NCAA’s Struggle To Police Academics On Display With UNC-@ZachZagger Analysis w/@ASwerdFish @gerardfoxlaw insights https://t.co/Y0k8DYM1Zv pic.twitter.com/GQHKfjTx95
— Sheilla Dingus (@SheillaDingus) October 25, 2017
Worthwhile read on your Monday morning.
Professors are complicit in football players’ brain damage. https://t.co/95dn3sq3IX
via @chronicle— Christine Baugh (@christinebaugh) October 23, 2017
For those who keep insisting NCAA kids don’t have a “brand” outside the university’s name: here’s what Duke’s Coach K told Zion Williamson. pic.twitter.com/xP5jrMEc7b
— Ted Tatos (@TedTatos) October 25, 2017
Brian Bowen Is A Bargain At $100,000 https://t.co/rZljSNmuk0 Great analysis from @patrick_hruby via @deadspin
— Sheilla Dingus (@SheillaDingus) October 27, 2017
Of the 50 US states, a college football or men’s basketball coach was the highest-paid employee in 39 of them in ’16https://t.co/Rbme4dU6KF
— Warren K. Zola (@WarrenKZola) October 27, 2017
‼️Race & Sport:
The Racial Injustice of Big-Time College Sports @patrick_hruby https://t.co/wYVo6Nfm1Y
— Intelligence Squared (@IQ2US) October 23, 2017
✊?✊✊?Athlete Activism:
The Texans followed through https://t.co/hGCNNz3jpi
— New York Post Sports (@nypostsports) October 29, 2017
Two Teams, One Anthem: An N.F.L. Showdown https://t.co/RIcfu4twEM
— Zach Zagger (@ZachZagger) October 24, 2017
#Chargers’ @RussellOkung blasts #NFL’s efforts on social injustice https://t.co/FFCuXcIgAn
— Sheilla Dingus (@SheillaDingus) October 26, 2017
J.J. Watt plans to use hurricane relief funds to rebuild homes, among other things https://t.co/4wAN9TJs8d
— ProFootballTalk (@ProFootballTalk) October 26, 2017
?The Scoop on Sports Betting:
In Rule 28.7 motion, I explain why “the [Supreme] Court need not disentangle the Gordian knot that is PASPA…” – https://t.co/9CB7HqkfVQ pic.twitter.com/rtB9K86JSN
— Ryan M. Rodenberg (@SportsLawProf) October 23, 2017
Fla. Law Professor Ryan Rodenberg (@SportsLawProf ) Wants In On Sports Betting High Court Arguments https://t.co/gLIPyozwBE via @Law360 pic.twitter.com/Aciste26bB
— Sheilla Dingus (@SheillaDingus) October 24, 2017
NJ Gov. @chrischristie blasts the pro leagues on sports betting in a new episode of @realsportshbo https://t.co/q8HJWzfLPR
— Legal Sports Report (@LSPReport) October 23, 2017
Opponents of state-sponsored gambling Stop Predatory Gambling files brief w/ Supreme Court in NJ sports betting case https://t.co/rLnmjY4U3S
— David Payne Purdum (@DavidPurdum) October 23, 2017
Trump Administration Lawyers File Supreme Court Brief In Support Of NFL In NJ Sports Betting Case , via @LSPReport – https://t.co/nsArLOZssT
— Sheilla Dingus (@SheillaDingus) October 25, 2017
Honored to be part of such a great lineup of speakers @SportsBet_USA. Timely conference on #sportsbetting. https://t.co/zw06gYvIse
— Daniel Wallach (@WALLACHLEGAL) October 27, 2017
?Latest agenda now available?
View the schedule & solid starting lineup of #SBUSA17 speakers already confirmed here: https://t.co/gRYah4yqYe pic.twitter.com/7FJbcXllBn— Sports Betting USA (@SportsBet_USA) October 27, 2017
Federal Sports Betting Ban Marks 25th Anniversary, Gaming Industry Says Law’s Days Are Numbered https://t.co/MlSWMlWxwM via @Casino_Org
— Sheilla Dingus (@SheillaDingus) October 29, 2017