More Concussion Lawsuits Cite Bounty Gate
A month ago, the media went crazy when the first concussion lawsuit was filed against the NFL citing the so-called “bounty gate” allegations. The lead plaintiff in that lawsuit was ESPN analyst Lomas Brown.
The same lawyers that represent Brown filed a four-player lawsuit in Fulton County, Georgia today. The lawsuit names Robert Edwards, Kenneth Callicutt, Byron Ingram and Todd Kelly, along with their respective wives, as plaintiffs.
Callicutt is already a named plaintiff in a lawsuit filed by The Locks Law Firm. This, surprisingly, has occurred more than a dozen times with other players. Presumably, Callicutt will be dismissed as a plaintiff in the Carl Harriston et al complaint, and Gene Locks will withdraw as Callicutt’s attorney.
According to a source, there are a handful of ongoing disputes regarding what client belongs to which attorney. It is unknown whether the attorneys here will dispute who gets Callicutt as a client. At the end of the day, Callicutt will get to choose whom he wants to act as his lawyer.
Updated: 5/18/12 @ 9:30 pm
On Friday, a class action was filed in the Eastern District of Louisiana on behalf of eleven players: Charlie Granger et al v. NFL et al. It also includes allegations related to bounty gate and Gregg Williams. Further, the lawsuit alleges that the NFL “spent nearly $5.5 million on lobbying firms to address a host of issues from player concussions to Internet gambling….” This likely suggests that the NFL has the power and influence to control the conversation regarding concussions. However, I am not so sure this connection has merit since it was Congress that forcefully voiced its discontent with the NFL in 2009 and 2010.
Just like the previous complaint, the named plaintiffs do not allege that they were victims of bounty gate. Rather, the complaint attacks the culture of the NFL for glorifying violent hits to the head and encouraging players to think of themselves as gladiators. Similarly, the lawsuit alleges that the NFL concealed vital information regarding the risks related to concussions; primarily directing the allegations at the Mild Traumatic Brain Injury Committee.
The Edwards lawsuit asserts six counts: fraudulent misrepresentation; negligent misrepresentation; negligence; negligent hiring, retention and supervision; medical monitoring; and loss of consortium. The Granger complaint asserts two additional counts: fraudulent concealment and conspiracy.
Since the Edwards lawsuit was filed in state court, the NFL will have to (1) file a Notice of Removal — removing the case to federal court, (2) file a Notice of a Potential Tag-Along Action with the Judicial Panel on Multi-District Litigation (JPML), and then barring any objections, (3) the JPML will transfer the case to Philadelphia.
There are now 78 concussion-related lawsuit filed against the NFL and more than 2,200 former players involved. As I repeatedly say, these numbers will continue to increase in the coming weeks and months.
Updated: 5/19/12 8:23 am
Yet another lawsuit was filed on Friday, this time in Los Angeles. The lawsuit, Sam Cunningham et al v. NFL, names 12 former players as plaintiffs. Some notable players include, Sam “Bam” Cunningham, Alvin Garrett (aka “little monkey“),Charlie Phillips, and Jim Wilks.
This brings the total lawsuits to 79 and includes more than 2,210 players.