Dear Readers:
Thank you for checking out my site. As you may know, I am currently studying for the bar exam. The clock is starting to tick and I have less than three weeks before I take it. Unfortunately, I will be focusing exclusively on studying and will be unable to maintain my site until after the exam. NFLConcussionLitigation.com will be back July 26th. See you soon, and thanks again!
Sincerely yours,
Paul D. Anderson
Update July 5, 2012
If you haven’t noticed, filing concussion lawsuits has become the new fad – perhaps a new dance. Well, not really, but since January 2012, there has been a concussion-related lawsuit filed almost every week. In the past five days, two lawsuits comprising more than 125 former players were filed in the Eastern District of Pennsylvania.
On Friday, a group of 83 former players added their name to the growing list of plaintiffs suing the NFL. The group is led by Super Bowl Champion Bubby Brister and Six-time Pro Bowler Steve Jordan. Four former Kansas City Chiefs – Bill Maas, Mike Bell, Jerome Woods and Christian Okoye – joined a list of more than 130 former Chiefs suing the NFL.
And of course, The Locks Law Firm kept its streak alive by filing a 43-man complaint, led by All-Pro Dave Robinson.
Update: Per Nathan Fenno of the Washington Times, Pro-Bowler Todd Scott filed suit in the Southern District of Texas. And, on July 3rd, 40+ former players — led by Hall of Famer Dermontti Dawson — filed suit in the Southern District of Mississippi.
There’s more!
It wouldn’t be a historic NFL litigation day without a concussion lawsuit. On July 5th, two concussion-related lawsuits were filed. First, a five player complaint, naming Stephen Davis, Corey Miller, Langston Moore, Travis Williams and Henry Taylor, was filed in the District Court of South Carolina. And, the second suit, a three player complaint, naming Richie Anderson, Jerry Wunsch and J.J. Arrington, was filed in the Eastern District of Pennsylvania.
There are now 99 concussion-related lawsuits, which include more than 2,600 former players. Yet, this is still a small fraction of the more than 12,000 former players that could potentially join the lawsuits. As always, the lawsuits will continue to be filed throughout the summer.
Meet the concussion lawsuit shuffle (see last 15 seconds), brought to you by the concussed Lady Gaga:
I’m pleased to announce that I’ll be joining Hackney Publications as we launch the Concussion Litigation Reporter. Contact me directly for subscription details at PaulD_Anderson@me.com
July 2, 2012 – Austin, TX – Hackney Publications announced today the launch of Concussion Litigation Reporter (CLR), a monthly e-newsletter that will serve as a subscription-based component of its Concussion Policy & the Law “blog.”
CLR articles will provide timely analysis on developments and legal strategies at the intersection of sports and concussions. Subscribers will also have access to sports law articles related to concussions, which have appeared in other Hackney Publications.
“By providing immediate access to insightful content and analysis, we are meeting the legal industry’s need for ongoing information,” said Editor-in-Chief Holt Hackney, who also oversees the editorial operations of six other sports law periodicals.
Hackney also noted that Hackney Publications had reached an agreement with Paul D. Anderson, founder of the website NFL Concussion Litigation, to become editor, providing exclusive bylined articles as well as valuable insight into other legal issues associated with sports concussions for CLR.
“Paul is the country’s leading unbiased authority on NFL concussion litigation,” said Hackney. “We’re excited to start turning him loose on other areas of concussion litigation, like collegiate athletics and K-12 athletics, where it is only a matter of time before we see a similar flurry of lawsuits brought against defendants in those industries.”
Anderson said the opportunity was too good to pass up.
“Hackney Publications is far and away the sports law industry’s leading publisher of periodicals,” said Anderson, who will continue to publish at his website, while writing proprietary content for CLR. “This was a natural progression for me to expand beyond the niche of concussion litigation in professional sports to college athletics and high schools.”
The inaugural July 2012 issue of Concussion Litigation Reporter is being made available to the general public and the legal community FREE through July 31, 2012 at:
http://concussionpolicyandthelaw.com/clr-sample/ .
About Hackney Publications
Hackney Publications (www.hackneypublications.com) delivers valuable and important information about the legal side of the sports industry. Its overriding mission, through its publications, is to maintain a narrow editorial focus on issues that matter to its readers. The company was founded by journalist Holt Hackney, who has spent more than 20 years writing about sports, business and the law.
The company publishes: Professional Sports and the Law, Sports Litigation Alert, Legal Issues in Collegiate Athletics, Legal Issues in High School Athletics, Sports Facilities and the Law and the Journal of NCAA Compliance.
Hackney Publications is a member of the National Sports Law Institute and the Sports & Recreation Law Association (http://srlaweb.org).
Until now, none of the 93 concussion-related lawsuits named a Club as a defendant. A lawsuit filed yesterday in Hillsborough County, Florida, is the first to specifically target several Clubs.
The lawsuit includes four former players; the most notable player is four-time Pro Bowler, Jimmie Giles. The other three players – Donald Smith, Calvin Woods and Arron Sears – each played less than three years. Sears has been arrested several times since being released by the Buccaneers. Sears’ lawyer will probably argue that his mental-health issues were caused by football-related injuries.
In addition to naming the NFL, NLF Properties, and Riddell Helmets, the plaintiffs name the Buccaneers, Lions, Bills, Dolphins, Eagles and Titans as defendants — all of whom were the plaintiffs former employer.
The plaintiffs are represented by former-player-turned-lawyer, Charles E. Emanuel. Emanuel was a defensive back in the NFL for one year and then went on to law school, earning his J.D. from Florida Coastal School of Law.
Prior to this suit, the plaintiffs’ lawyers purposefully refrained from naming the Clubs as a defendant. Primarily because it gives rise to a strong argument that the lawsuit is barred by workers’ compensation.
NFL players are employees of the team in which they play for; as part of this employer-employee relationship, workers’ compensation is generally the exclusive remedy for work-related injuries. In other words, employees give up the right to sue in exchange for workers’ compensation benefits (i.e. if you are injured on the job, you are entitled to benefits regardless of fault.)
However, there is an exception to the exclusive-remedy rule, which may allow an employee to sue his employer if the injury was intentional (i.e. fraud, battery, etc.). Here, the players are arguing that the Clubs purposefully misled the players about the long-term risks about concussions. Of course, this will be very difficult to prove unless the proverbial “smoking gun” memo is found during the discovery process.
The NFL may also use the exclusive-remedy argument later down the road, but the NFL’s argument isn’t as strong because it is not the employer of the players.
This lawsuit will eventually be consolidated with the multidistrict litigation in Philadelphia, but it will be interesting to see if any other lawyers decide to follow suit and name a Club as a defendant.
[scribd id=98891585 key=key-2hr1ct6ctu3swu1dj6z mode=list]
Mike Karney retired from the NFL in February, and he just wrapped up a week at the NFL’s Broadcast Bootcamp. Karney’s transition to life after the game has been relatively smooth. He and his wife run a successful real estate business in Arizona.
Karney and I initially started a conversation on Twitter discussing the concussion lawsuits:
@PaulD_Anderson no it didn’t
— Mike Karney (@Karney44) June 23, 2012
@PaulD_Anderson don’t plan on it. It’s def a big problem tho
— Mike Karney (@Karney44) June 23, 2012
@PaulD_Anderson we’re both responsible
— Mike Karney (@Karney44) June 23, 2012
Karney was en route to California so he told me to call him.
Joe Horn filed a lawsuit against the NFL in December. Karney said that he does not plan on joining the lawsuits, but he is concerned about his future health. “I try to be proactive” and he believes “players should seek help” if they are having issues. Karney tweeted this message after learning the news about Seau’s suicide:
W/all do respect: RETIRED NFL Players REACH OUT to ANY N EVERYBODY. The pain of being done is forever and YOUR NOT ALONE! More Life to Live!
— Mike Karney (@Karney44) May 2, 2012
During his last year in the League, Karney sought counseling after feeling down about the lack of playing time. He suggested that the League and NFLPA should provide an “exit symposium” where a player is required to go through a battery of tests before they receive their severance pay. “Guys need to be informed that concussions can have a lasting impact on your health,” he said.
Karney said he only had one documented concussion, but he had “tons of sub-concussive blows.” On numerous occasions, Karney recalls playing with his “eyes crossed.” The problem he said, though, is “you don’t want to tell a trainer you had a concussion because there is always somebody out there ready to take your position.”
He thinks the League and NFLPA should adopt a rule that prohibits a player from being cut in the middle of the season due to concussions. He also vehemently disagrees with the adoption of a clause waiving a player’s right to sue the League, saying that’s an example of the NFL wielding its “power and money.”
BountyGate
Karney was recently implicated in the bounty gate scandal. According to the NFL’s evidence, a slideshow implies that Karney was a named target.
Karney said he was honored to be on the Saints’ hit list, but the “personal information” clearly shows that “this was orchestrated by management and not the players.” The “personal information” relates to the “classless” move of being released on the night before Karney’s wedding rehearsal.
As Professor Michael McCann opined about the potential legal fallout over bounty gate, the State of Louisiana could brings criminal charges against the Saints coaches and players for (1) conspiracy to commit battery against Karney; (2) criminal negligence and (3) battery.
In addition, Karney could bring a civil suit against the Saints, Gregg Williams, Sean Payton and/or any player that committed a tort against him. Karney’s legal theory would be based upon battery.
A prima facie case for battery requires (1) harmful or offensive contact; (2) to the plaintiff’s person; (3) intent; and (4) causation.
A battery claim could be filed against the Saints – who would be vicariously liable for the acts of its employees, i.e. the players – for intentionally causing a harmful or offensive touching to Karney. Battery does not require actual damages, and punitive damages are available if a plaintiff can prove malicious conduct.
Moreover, Karney could sue Williams and Payton for battery under a concert-of-action theory, which does not require a defendant to personally engage in the harmful or offensive touching. Karney would just have to show that Williams and Payton aided or encouraged the players to commit the battery.
The fact that Williams was the ringleader of this system, and his employers allegedly were aware of his actions, bolsters a claim that the Saints ratified Williams’ actions.
I did not discuss this potential liability with Karney.
Karney thinks the punishment against the players is completely wrong, but the coaches and management deserved to be hit hard, saying that it was “driven by the ego and arrogance of Gregg Williams.”
Although Karney was allegedly targeted, he said it was never acted upon. After watching the game again last night, there was “never a time that a Saints’ player tried to put an illegal hit on me,” Karney said.
While playing for the Saints, Karney does admit to a “pool of money” that the special teams would use to help spice up the game. Although a violation of Article 13 of the CBA, Karney said the money was rewarded strictly for legal blocks and kick returns. “It was an intent to motivate, not an intent to hurt.”
In any event, Karney has moved on and is ready for bigger and better things.
Karney has a bright future after the game, and I wouldn’t be surprised if we see him as a college football analyst in the near future. Or, perhaps he can replace Warren Sapp at the NFL Network.
Updated June 20, 2012
Jason Short, who was known for his hard-hitting and explosive “wedge busting,” filed suit against the NFL yesterday. The lawsuit alleges that Short currently “suffers from neuropathy, encephalopathy of the brain, vertigo…and significant neuro-cognitive decline.” I highly recommend reading the Q and A Short did with NBC Sports. He talks extensively about getting concussions — I’d expect some of his comments to be used against him, if his case ever goes to trial.
The Locks Law Firm was busy this week after filing two separate concussion lawsuits against the NFL and attempting to remand a case back to state court.
Judge Brody slammed the door shot on Locks, Ordering a stay on all responses to remand. This ruling effectively prevents any concussion lawsuit from being litigated in state court until Judge Brody rules on the NFL’s forthcoming (due Aug. 9) motion to dismiss – which isn’t expected until 2013.
On Wednesday, a group of 49 former players – led by retiree-advocate Jeff Nixon – joined the flood of concussion lawsuits. Nathan Fenno of the Washington Times pointed out that ESPN analyst Mark May was also part of the fray.
On Thursday, Hall of Famer John Hannah and Pro Bowler Bill Bergey also filed suit against the NFL. Hannah was a named plaintiff in the recently dismissed lawsuit against the NFLPA. As I stated a few weeks ago, I wouldn’t be surprised if those guys start joining the concussion lawsuits — as advertised ;-)
Thursday’s lawsuit includes 23 former players, including Az-Zahir Hakim, who was part of the 1999 Super Bowl Champions, St. Louis Rams. In addition, two Missouri residents — Charles Getty (Springfield) and Bobby Ply (Raytown) — are part of the lawsuit.
Another youngster, twenty-seven-year old Geoff Pope, joined the NFL concussion litigation club. There are a handful of plaintiffs under the age of thirty that allege to be suffering from cognitive decline as the result of their short career in the League.
There are now 92 concussion-related lawsuits, which include more than 2,450 former players.
Updated June 20, 2012
Although the master complaint has been filed, the never-ending parade of lawsuits won’t be stopping anytime soon.
In the past two days, at least three lawsuits were filed outside of Philadelphia.
On Thursday, Nathaniel Abraham et al v. NFL was filed in Atlanta, Georgia, which includes more than sixty players. This group is led by Billy Kilmer, Allen Rossum and the son of a Hall of Famer, Tony Dorsett Jr. As you may recall, the elder Dorsett was one of the first Hall of Famers to file a concussion lawsuit against the NFL.
On Friday, two lawsuits were filed in Houston, Texas. The first lawsuit is led by a group of Pro Bowlers, Danny White, Jerry LeVias, John Niland and Darryl Talley. This suit includes 14 former players.
Last November, Danny White told The Arizona Republic that he had more than 20 concussions while playing in the NFL, and he constantly walks into a room and forgets where he is. In a confusing turn of events, White recently told The Arizona Republic, “If somebody asks me if I’m going to sue the NFL, I say ‘no,’ The NFL was really good to me. It’s responsible for everything I have.”
Perhaps, White is showing further signs of memory loss — because he is clearly suing the NFL. According to White’s attorney, Walter Umphrey, White “signed a contract” and is a plaintiff in the concussion lawsuits. Nonetheless, White’s comments are certainly bizarre.
The other lawsuit filed in Houston, Kevin William et al v. NFL, includes 14 players, and every single player is in his thirties. Coincidence? Definitely not! The plaintiffs’ lawyer presumably did this in case he has to try the cases together, and they may all be showing early stages of brain damage.
There are now 89 concussion-related lawsuits filed against the NFL, which include more than 2,400 former players.
As the regular procedure goes, these cases will soon be transferred to Philadelphia and consolidated with the master-complaint, via a short-form complaint.
David Barron of The Houston Chronicle was the first to report the lawsuits.
Several concussion-related lawsuits were filed in the past week. The most notable former player to join is the late Andre Waters. Waters was among the first group of deceased players to be diagnosed with Chronic Traumatic Encephalopathy (CTE).
Waters committed suicide in 2006 at the age of 44. Dr. Bennet Omalu told ESPN that Waters’ brain was similar to an 80-year-old Alzheimer’s patient.
This is at least the ninth wrongful death complaint filed against the NFL.
Waters’ suit was filed in Los Angeles Superior Court and it names 57 other plaintiffs. Among those are Pro Bowlers Jim Marshall and Wesley Walls.
The other lawsuit was also filed in Los Angeles and names Joe Kapp as the lead plaintiff. Kapp was already a named plaintiff in Boyd et al v. NFL.
Among the 41 plaintiffs is Michael Pittman, who has been outspoken about his concussion-related symptoms.
Here’s a conversation I had with Pittman a few weeks ago. I asked him if he planned on joining the lawsuits:
@PaulD_Anderson Don’t know honestly. But I believe the #NFL need to compensate for some of these players who has filed suit. The #NFL never
— Michael Pittman(@MichaelKPittman) May 22, 2012
@PaulD_Anderson explained what the long term affects that concussions can have on you.
— Michael Pittman(@MichaelKPittman) May 22, 2012
@PaulD_Anderson The #NFL needs to explain to all the current players what concussion can do to you in the long run, cause they never
— Michael Pittman(@MichaelKPittman) May 22, 2012
@PaulD_Anderson explained it to us. I had 7 to 8 concussions throughout my 11 career. With being only 3 years removed from the game, I’m
— Michael Pittman(@MichaelKPittman) May 22, 2012
@PaulD_Anderson already feeling the affects. It’s not about money, it’s about the #NFL should of did more to acknowledge this situation &
— Michael Pittman(@MichaelKPittman) May 22, 2012
Shortly thereafter, Pittman had made the decision to join the lawsuits.
Nine-time Pro Bowler Walt Sweeney also added his name to the growing list of plaintiffs.
There are now 86 concussion-related lawsuits, which include more than 2,250 former players.
This is clearly a non-concussion-related article, but I wanted to share this with the sports litigation community.
In February, George Brett’s Company, Brett Bros Sports, was nailed with two class action complaints over the sale of Ionic jewelry. Seth Thompson and Trycia Carlberg filed separate class action lawsuits in Iowa and Washington District Court, respectively.
Both suits sought to certify a nationwide class of consumers that were allegedly “damaged” due to the “false and/or misleading marketing and advertising” used that lured them in to buy the Ionic bracelets, according to the complaints. The lawsuits assert various counts for violating the Iowa, California and Washington Consumer Protection Acts and for unjust enrichment.
After a round of briefing whether the putative class could be certified, the federal judge in Iowa denied the defendants’ attempt to dismiss the class.
Presumably, the defendants decided that it wasn’t worth the litigation expense to continue fighting the lawsuit and settlement talks began.
According to court documents filed May 15th, the defendants notified the court that they entered into a global settlement with plaintiffs’ class counsel.
The settlement papers are due before the court on June 15th.
The litigious felon, Jonathan Lee Riches, known for filing frivolous lawsuits throughout the country has attempted to join the lawsuits against the NFL.
Yesterday, Riches filed a notice to intervene in Eric Dickerson’s lawsuit. Essentially, requesting the court to allow him to take part in the litigation.
Riches asserts a plethora of ludicrous claims.
Riches claims to have been discriminated by the NFL when he worked as a “water boy.” According to Riches, Roger Goodell told him “personally that I have to give Michael Vick massages and CPR during…Eagle games.”
Riches then goes on to state that Jonathan Vilma put a “bounty on my head.” And, then he attempts to tie a series of events, such as Plaxico Burress’s shooting incident and Ben Roethlisberger’s motorcycle crash, as a conspiracy to “silence me from whistle blowing NFL abuse.”
Clearly, this is another rambling attempt by Riches to remain the “king of pro se whackjobs.”
You can read the ridiculous motion below.
[scribd id=95312350 key=key-298k1eu4br9b9asr3hjn mode=list]
Of course, Riches has no shot at getting involved in the lawsuits, and there is probably a good chance he will be sanctioned, or thrown back in jail, for wasting the court’s time.