In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense. This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary. Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-opt-out-plaintiffs-take-on-chiefs-cardinals/
December 9, 2017 Sheilla Dingus As concussion settlement class members struggle to overcome delays and denials in the much heralded and massively disappointing NFL Concussion Settlement, opt-out claims are quietly moving forward. By 2012 hundreds of brain injury cases were filed against the NFL, and in some instances helmet maker Riddell, and these, and many …
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/the-nfls-preemption-trap-and-how-concussion-settlement-opt-outs-plan-to-avoid-it/
Mehri’s report “chronicles the reckless spending of the NFLPA, following the money trail from NFLPA leadership to law firms with anti-union agendas on the receiving end.” November 16, 2017 Sheilla Dingus Every year a new NFL/NFLPA controversy makes news, casting a shadow on professional football. Legal showdowns in which the players’ association without fail seems to …
Permanent link to this article: https://advocacyforfairnessinsports.org/player-rights/nfl/report-released-by-cyrus-mehri-details-anti-labor-stance-within-national-football-league-players-union/
The NFL has botched a number of domestic violence investigations over the past few years unleashing a public relations nightmare for the league. A seemingly contrite Roger Goodell pledged to do better after public outrage from the Ray Rice fiasco nearly cost the NFL a lucrative Anheiser Busch relationship. Part of his new “get tough plan” included a baseline six-game suspension for first-time domestic violence offenders. Then last year he reduced that suspension for unknown mitigating circumstances to a mere one-game suspension for Giants’ kicker Josh Brown; that is until Brown’s own journal admitting abuse surfaced in the media. Another firestorm of public rage erupted, again bringing into question the NFL’s seriousness in regard to domestic violence. The NFL needed to get the next one right. Enter Ezekiel Elliott.
Permanent link to this article: https://advocacyforfairnessinsports.org/archive/ezekiel-elliott-v-nfl/whats-in-store-for-ezekiel-elliott-and-nfl-domestic-violence-policy/
May 10, 2017 Sheilla Dingus @SheillaDingus Richard Dent is a Hall of Fame defensive end, and MVP of Super Bowl XX, but now his opponent is the league for which he once played – and it may prove to be his fiercest opponent of all. In May 2014 Dent, along with nine other named plaintiffs …
Permanent link to this article: https://advocacyforfairnessinsports.org/archive/nflpa-painkiller-grievance/will-the-nflpas-grievance-impact-current-painkiller-litigation-against-the-nfl/
May 9, 2017 Sheilla Dingus @SheillaDingus In an unusual legal twist, NFL Counsel Paul Clement filed a letter with the Ninth Circuit Court of Appeals on Monday citing a grievance against the NFL and its Clubs by the NFLPA. The grievance claims violations of the CBA in regard to the mishandling of prescription drugs as …
Permanent link to this article: https://advocacyforfairnessinsports.org/archive/nflpa-painkiller-grievance/nflpa-grievance/
Apr 15 2017
⚖️Litigation Lane: Eli Manning Memorabilia Lawsuit Will the NFL discipline Eli Manning and the Giants over fake “game used” jersey scandal? My @SInow legal take: https://t.co/Mm7dp6rgm7 pic.twitter.com/LQTo0QG5h0 — Michael McCann (@McCannSportsLaw) April 14, 2017 Gov. Chris Christie rips #Giants, Eli Manning over fake memorabilia lawsuit https://t.co/nvRvlmSFX7 via @MichaelDavSmith — Sheilla Dingus (@SheillaDingus) April 14, 2017 …
Permanent link to this article: https://advocacyforfairnessinsports.org/2017/04/15/the-blitz-41517/
Sheilla Dingus March 21, 2017 Two professional athletes – Dennis Wideman and Tom Brady; two sports – hockey and football; two CBAs; two very different suspensions; two appeals – all intrinsically linked through one court and opinion. Through a single ruling one player’s suspension was affirmed while another’s was slashed. What happened? Short answer: Deflategate, …
Permanent link to this article: https://advocacyforfairnessinsports.org/archive/dennis-wideman-v-nhl/deflategate-legacy-lives-on-in-wideman-ruling/
Feb 23 2017
⚖Litigation Lane: Second amended complaint filed in NFL painkiller lawsuit. This was filed late last night, so I’m still trying to make my way through it along with the exhibits. Much is redacted but there is still a good bit of new information. I hope to have a story out later today, or at latest tomorrow …
Permanent link to this article: https://advocacyforfairnessinsports.org/2017/02/23/the-blitz-22317/
A short time later, the NFLPA filed a sealed motion to dismiss. Both the NFL and NFLPA agree that Johnson’s arbitration ruling was correctly upheld because by his own admission he ingested the substance in question and that the lawsuit should be moved to New York, claiming the case has no connection to Ohio outside of it being the location of Johnson’s lawyers.
On February 8, Judge Sara Lioi issued an order staying, or placing on hold the proceedings until she could render a decision on the motions to dismiss or transfer. In violation of the order, Johnson presented the judge with a “Valentine gift” on February 14, in filing an amended complaint which attempted to show further case connections to Ohio.
Permanent link to this article: https://advocacyforfairnessinsports.org/current-litigation/lane-johnson-v-nflpa-nfl/lane-johnson-violates-a-court-order-to-engage-in-a-turf-war-with-the-nfl-and-nflpa/