Jahvid Best is suing the NFL - Page 6 - TigerDroppings.com

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RedMustang
Auburn Fan
Member since Oct 2011
4113 posts

re: Jahvid Best is suing the NFL


True, it was a settlement reached after mediation.

quote:

he wanted more information. i don't think he said it was inadequate


She, not he, and her exact words:
U.S. District Judge Anita Brody apparently feels the same way and has rejected the initial settlement.

The AP reports from Philadelphia that Brody rejected the settlement, "fearing the sum may not be enough to cover injured players."






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RedMustang
Auburn Fan
Member since Oct 2011
4113 posts

re: Jahvid Best is suing the NFL


quote:

the player's union has a duty to negotiate these protections in the league's CBA. the NFLPA failed to do so this was never an important enough factor for the PLAYERS to negotiate in the CBA, but now it's all on the NFL's shoulders?


Worker safety has to be negotiated or the company isn't found liable? That's definitely not the case. Even if specifics were laid out in a contract, what if they weren't followed?
If a manufacturing plant employees negotiated that machines had to be inspected monthly, but the company didn't do that, they'd be held liable should an injury occur.






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tigerpimpbot
LA-Monroe Fan
The 561
Member since Nov 2011
29999 posts

re: Jahvid Best is suing the NFL


LINK

quote:

Legal experts said the growing fissures among former players and lawyers could undermine the settlement after Judge Anita B. Brody's surprise ruling, which requested more information amid concerns there is not enough money to cover all qualifying players.

To get the settlement approved, proponents will have to convince Brody not only that it provides enough money but also that thousands of former players have enough in common to be legally considered a "class." Several attorneys involved in the case have argued that they don't.

The players' executive committee -- a select group of lawyers that oversees the negotiations -- already had begun to splinter even before Brody rejected the motion for preliminary approval. Of the six attorneys originally named to the committee, two -- Tom Girardi and Michael Hausfeld -- were kept out of the discussions, according to sources close to the negotiations.


Looks like this will take a while to iron out. What a mess. The link is long, but it's a pretty good breakdown of the competing interests.






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SlowFlowPro
Stanford Fan
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Member since Jan 2004
295923 posts

re: Jahvid Best is suing the NFL


quote:

Worker safety has to be negotiated or the company isn't found liable?

yes

LINK

quote:

Beyond the threat of dismissal, going to trial may have proven unsuccessful. The league was prepared to argue that the players' claims are barred by the fact that players, through their union, agreed to health protocols and waivers of legal rights as part of the collective bargaining agreement.


LINK

quote:

Second, the Defendants claim that the Plaintiffs’ dispute falls under the existing CBA, and therefore, the clauses within the CBA should control. The bulk of the Plaintiffs’ Complaint states that the NFL failed to fulfill its duty of providing players with information and rules that would protect them from the risks of concussions sustained while playing football. The Defendants argue that, “The CBA’s expressly delineate the obligations of the NFL with respect to the promulgation and enforcement of health and safety-related rules for NFL players and any such obligations therefore arise under the CBA.


quote:

If a manufacturing plant employees negotiated that machines had to be inspected monthly, but the company didn't do that, they'd be held liable should an injury occur.

sure, but the NFLPA did not bargain for any concussion-related protocols, so there were no protocols to violate

these studies were not secret things that only the NFL knew about. they were public, and the NFLPA gave 0 fricks when negotiating even the latest CBA. if the players want to place blame, it goes on the players for missing this angle






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goldenbadger08
LSU Fan
Da Boot
Member since Oct 2011
26413 posts

re: Jahvid Best is suing the NFL


Geez, it's like you should be a lawyer or something.





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classictiger
LSU Fan
Member since Mar 2007
5684 posts

re: Jahvid Best is suing the NFL


quote:

sure, but the NFLPA did not bargain for any concussion-related protocols, so there were no protocols to violate

these studies were not secret things that only the NFL knew about. they were public, and the NFLPA gave 0 fricks when negotiating even the latest CBA. if the players want to place blame, it goes on the players for missing this angle


Sounds like Best should pull an Alex Rodriguez. Would be much more justified (assuming this is all true)






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SlowFlowPro
Stanford Fan
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


quote:

Looks like this will take a while to iron out.

that link is AWESOME






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RedMustang
Auburn Fan
Member since Oct 2011
4113 posts

re: Jahvid Best is suing the NFL


quote:

Beyond the threat of dismissal, going to trial may have proven unsuccessful. The league was prepared to argue that the players' claims are barred by the fact that players, through their union, agreed to health protocols and waivers of legal rights as part of the collective bargaining agreement.


Key words: "may have" and "league was prepared to argue." I'm sure the players were prepared to argue conversely.

quote:

sure, but the NFLPA did not bargain for any concussion-related protocols, so there were no protocols to violate


Workers don't have to negotiate for every specific health related protocol. They would have a million page contact covering every body part, illness, and injury possible.

As an example, there was nothing in the CBA regarding protecting players from heat. Korey Stringer of the Vikings had a heat stroke in 2001 and died. His widow sued Riddell and the NFL. Settlements were reached with both entities, but there was a very good chance that she would have won her case against the NFL.







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SlowFlowPro
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


quote:

I'm sure the players were prepared to argue conversely.

sure, but only with bull shite concepts like unconscionably or adhesion

quote:

Workers don't have to negotiate for every specific health related protocol.

this isn't some minor thing...at least they allege it isn't a minor issue

they negotiate in EXCRUCIATING detail about number of practices at mini camps, but they leave out this MAJOR health concern?

do you think the NFLPA and its member-players are just complete idiots?

the last CBA was negotiated WITH THESE ISSUES IN NATIONAL HEADLINES and the NFLPA didn't negotiate much about it

quote:

but there was a very good chance that she would have won her case against the NFL.

no there wasn't. and you're wrong

Minny Supreme Court throws out suit, preempted by NFL CBA

Federal Court rules CBA preempted major claims

quote:

Judge John Holschuh dismissed one of the lawsuit's claims, in which Kelci Stringer argued the NFL didn't set guidelines for practicing in the heat or provide information to coaches and trainers on how to recognize, treat and prevent heat-related illness.


he left in a non-labor claim that was mainly focused on Ridell...then there was a settlement b/c there was a very good chance the NFL would suffer bad PR and it was cheaper to just settle than pay lawyers + take the PR hit

if the plaintiffs in the concussion lawsuit want $2B or whatever insane number makes it not cost effective, you'll see the NFL respond and litigate (likely arbitrate, but that's another argument)






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Draconian Sanctions
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2011 SECr Hall of Flame Inductee
Member since Oct 2008
41319 posts

re: Jahvid Best is suing the NFL


quote:


sure, but only with bull shite concepts like unconscionably or adhesion


if the league had withheld knowledge of just how damaging concussions are, i'm confident that kind of bad faith would have rendered any such clause null for the purposes of that lawsuit.






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SlowFlowPro
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


quote:

if the league had withheld knowledge of just how damaging concussions are, i'm confident that kind of bad faith would have rendered any such clause null for the purposes of that lawsuit.

how can the NFL hide public studies? there have been studies linking head injuries and CTE since the fricking 60s

the last CBA was fricking negotiated AFTER players committed suicide, some doing it in ways specifically to preserve their heads to be studied. did the NFLPA negotiate for concussion-related protocols? no



This post was edited on 1/28 at 11:30 pm


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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
41319 posts

re: Jahvid Best is suing the NFL


quote:

how can the NFL hide public studies? there have been studies linking head injuries and CTE since the fricking 60s


Well i don't know, I'm not a lawyer for the players in this case so I'm not privy to their discovery efforts but that's what they have been alleging and I think, had they met their standard of proof, such a finding would supersede any clause you're referencing. Do you disagree?






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SlowFlowPro
Stanford Fan
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


quote:

and I think, had they met their standard of proof, such a finding would supersede any clause you're referencing. Do you disagree?

sure, and if the NFL proved unicorns existed, we could come up with all sorts of other amazing results in our heads

this is reality: the studies were in the public domain wherein the NFL or NFLPA could access them

the NFL could not, therefore, "hide" the mounting "common sense" evidence linking CTE and head trauma

if we ignore reality, we can come up with all sorts of creative future hypotheticals

the suicides were public and a media narrative AT THE TIME OF THE LAST CBA NEGOTIATIONS






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SlowFlowPro
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


again, the claim would still likely not eliminate the CBA preemption and the players would still have to go through arbitration pursuant to the CBA regulations (THAT THEY AGREED TO). you can only get around this if you want to destroy what a CBA is, which would destroy labor law protecting unions that you like so much

let me ask you: who is more responsible for the players' CTE: the NFL or NFLPA?






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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
41319 posts

re: Jahvid Best is suing the NFL


quote:


sure, and if the NFL proved unicorns existed, we could come up with all sorts of other amazing results in our heads

this is reality: the studies were in the public domain wherein the NFL or NFLPA could access them

the NFL could not, therefore, "hide" the mounting "common sense" evidence linking CTE and head trauma

if we ignore reality, we can come up with all sorts of creative future hypotheticals

the suicides were public and a media narrative AT THE TIME OF THE LAST CBA NEGOTIATIONS


You're getting awfully emotional over this. I have no idea if these studies you're talking about are legitimate or not or any of that. All I'm saying is that if the players can prove what they say they can prove then that would very likely supersede any CBA clause banning legal action against the league. It's really not that hard.

I know you're SFP and you know everything about every situation but maybe, just maybe, there is some information out there that hasn't been made public that might make a difference in the outcome of any potential litigation. I expect the average td.com user to think they have it all figured out when it comes to this kind of thing but I expect you of all people to understand that these situations are not as simple as you;re making them out to be.

You have an agenda to protect big business and that's fine I guess but take a few deep breaths and stop acting like you have all the answers.






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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
41319 posts

re: Jahvid Best is suing the NFL


quote:

and the players would still have to go through arbitration pursuant to the CBA regulations (THAT THEY AGREED TO)


implicitly pursuant to the league acting in good faith which would be challenged here but at least you're talking about the actual issue for a change.



This post was edited on 1/28 at 11:43 pm


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SlowFlowPro
Stanford Fan
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Member since Jan 2004
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re: Jahvid Best is suing the NFL


quote:

You're getting awfully emotional over this.

i'm not emotional at all. those who are ignoring the true villain will not listen to the facts

you all want to invent your own reality

for example:

quote:

I have no idea if these studies you're talking about are legitimate or not or any of that.


the studies the players themselves rely upon are public, and have been for a long time. unless you want to argue that the NFL owns all the scientific research (both domestic and international) about concussions and CTE, then this argument has no merit

quote:

but maybe, just maybe, there is some information out there that hasn't been made public that might make a difference in the outcome of any potential litigation. I

how? that is basically not possible

quote:

but I expect you of all people to understand that these situations are not as simple as you;re making them out to be.

i've been part of hundreds of lawsuits (on the plaintiff side), and i have no problems pointing out bull shite lawsuits

bull shite lawsuits give legitimate lawsuits a bad name

you know the saying, "when you have the law, pound the law. when you have the facts, pound the facts. when you have neither, pound the desk"? this is a "pound the desk" scenario and the only ways these wins is if they tug at heart strings and emotionally-thinking judges create bad law (like the aforementioned adhesion). i abhor bad law

quote:

You have an agenda to protect big business

wut? link?







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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
295923 posts

re: Jahvid Best is suing the NFL


quote:

implicitly pursuant to the league acting in good faith which would be challenged here but at least you're talking about the actual issue for a change.

have you even read the Master Complaint?

the master complaint OF THE PLAINTIFFS admits there has been literature on this since the 60s

how do you think i knew that? i'm no expert on concussions and/or CTE. i read the actual, controlling, complaint






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RedMustang
Auburn Fan
Member since Oct 2011
4113 posts

re: Jahvid Best is suing the NFL


quote:

he left in a non-labor claim that was mainly focused on Ridell...then there was a settlement b/c there was a very good chance the NFL would suffer bad PR and it was cheaper to just settle than pay lawyers + take the PR hit


So the NFL also agreed to pay $765 million because it was cheaper than "bad PR"? It's always about money. The NFL agreed to pay because there was a chance they would lose even more in a lawsuit. It's all about playing the odds. The NFL agreed to that after calculating the odds they would lose a lawsuit and have to pay even more money.
Like DS stated, you do not have intricate knowledge of Best's lawsuit so let the courts decide if he has a case.
There are many people a helluva lot smarter and more knowledgeable about the case than you who thinks he can win a verdict against the NFL. A judge and jury will decide who's right.



This post was edited on 1/28 at 11:56 pm


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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
41319 posts

re: Jahvid Best is suing the NFL


quote:


i'm not emotional at all


quote:

ignoring the true villain


you're not emotional but you're talking about "true villains" like you've been personally wronged?


quote:


how? that is basically not possible


So you're saying the players entire discovery has been made public and they have no case? Then why settle if you're the NFL? If you're them you have the horses to appeal it with the best lawyers money can buy even if you get a bad judge.

quote:

wut? link?


I tried linking just your poliboard posts but td.com doesn't have that feature yet, sadly.



This post was edited on 1/28 at 11:52 pm


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