Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/08/labor-lessons-from-antonio-brown/
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/06/our-sixteen-year-struggle-for-nfl-disability/
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/05/lucks-retirement-and-pain-he-endured-hit-close-to-home-for-former-nfler/
Judge Willliam Alsup has continually moved the goalposts in his decisions in both Dent v. NFL and Evans v. Arizona Cardinals, dismissing well-pled allegations when it suited his version of the facts, then treating those same allegations as fact later to dismiss plaintiffs’ claims when they adjusted to his moves.
ICYMI Advocacy for Fairness in Sports’ September newsletter for retired NFL players and families published yesterday.
Last month’s newsletter focused on some very disturbing news–that of the NFL seeking to permanently disqualify players from settlement participation and pursue criminal fraud charges if the NFL believes they’ve misrepresented an aspect of their claim.
I’ll start this month’s news with a follow-up to that story.
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/04/judge-moves-goalpost-richard-dent-returns-to-the-ninth-circuit/
Considering Judge Anita B. Brody’s numerous questionable decisions tilting the Concussion Settlement in favor of the NFL, it’s nice to report a departure from the norm. In an objection that managed to fly under the radar until an “implementation decision” was rendered, on August 20, Judge Brody rejected the NFL’s junk science pitch in regard to an Alzheimer’s claim.
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/03/attorneys-foil-nfls-junk-science-pitch-in-concussion-settlement/
When Judge James Donato of the U.S. District Court for the Northern District of California entered a scathing review of the NFL Disability Plan’s abuse of discretion when he granted summary judgment in favor of Charles Dimry in March 2018. Dimry’s court victory was considered a huge win not only for Dimry, but for other retired players whose disability had been denied based solely on Plan doctors retained by the Bert Bell Pete Roselle Benefits Plan, but in a shocking twist, Dimry is back in court, again seeking benefits because, according to his complaint, the Plan “strongly disagreed” with Judge Donato.
SEC Sues Lawyer for Defrauding Cognitively Impaired Ex-NFLers
On August 28, the Securities Exchange Commission (SEC) filed a complaint in the Northern District of Florida detailing unbridled fraud against cognitively impaired retired NFL players by a lawyer who once represented them.
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/09/01/nfl-disagrees-with-federal-judge-and-continues-to-deny-benefits-to-charles-dimry/
Last week Judge Anita B. Brody denied a motion filed in February by attorney Patrick J. Tighe filed asking the court to limit audits on concussion settlement class members to one per claim, as many of the players he represents emerged from one audit only to be plunged into another shortly afterward. Whenever a claim enters an audit, processing of the claim stops. The claims administrator requests whatever information he feels is relevant to the audit and interviews doctors and pretty much puts every aspect of the claim as well as every person associated with it under a magnifying glass with no timetable for completion of the audit.
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/08/30/perpetual-audits-ok-says-judge/
Amon Gordon was a defensive lineman for 9 seasons in the NFL, shuffling from team to team as his injuries began to accrue. He never entered the higher echelon of the pay NFL pay scale and often worked for league minimums as he battled through surgeries for various orthopedic injuries and rehab became a way of life. What did he get for his time in the NFL aside from a whirlwind tour of 11 cities with repeat stops in Nashville and Seattle over the course of his 9 years in the league?
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/08/27/correct-the-mistake-motion-tells-the-court/
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/08/26/andrew-lucks-retirement-shines-a-spotlight-on-two-different-nfls/
On Tuesday, in response to a show cause order asking why the Third Circuit should accept a concussion settlement claim appeal, Wendy Fleishman of Lieff Cabraser filed two briefs supporting her client Amon Gordon and opposition responses were filed by the NFL and Lead Class Counsel Christopher Seeger. As you might expect the briefs were a bit on the dry side since purely legal issues were addressed as opposed to delving into the merits of the case, and I’ll recap the legalese in a bit, but first, I’ll look at an issue that’s anything but “dry.”
Permanent link to this article: https://advocacyforfairnessinsports.org/2019/08/25/psychology-sociology-and-law-intersect-in-amon-gordons-nfl-concussion-appeal/