Showing posts with label Sports. Show all posts
Showing posts with label Sports. Show all posts

Thursday, December 11, 2014

Is the NFL Going Up In Smoke?

According to a recent New York Times article, more than 500 former NFL players are suingthe National Football League for football-related brain damage. Attorney Jason Luckasevic became enraged with the NFL when his brother’s boss, forensic pathologist Bennet Omalu, confirmed the connection between football and brain damage. Talking with and examining former pro players, Omalu determined patterns of brain injury from autopsy specimens of deceased players. In addition, there are numerous examples of cognitive and behavioral changes in former players such as headaches, sleeplessness, chronic traumatic encephalopathy, early onset Alzheimer’s disease, Parkinsonism, among others. Omalu received violent backlash when he published his findings in 2005 and Luckasevic was determined to find a way to support Omalu’s findings—hence, the lawsuit. The complaint is based on the contention that players knew their bodies would be put in jeopardy when they signed up to play the game of football, but they were not aware that their emotional and intellectual well-being would be jeopardized as well. Unfortunately, the players may not receive the damages they are entitled to should the suit be barred by the sport’s collective bargaining agreement. First filed in 2011, the suit is now moving to final settlement, raising many issues and implications to consider while we wait to see how this all turns out.

Football’s class action suit is being compared to what happened to the tobacco industry. Far-fetched at first glance, I think there is real merit to this idea. The tobacco industry thrived for a while and then once everyone realized, based on sound medical data, what it meant for one’s health and well-being, the industry virtually died. Similarly, football is thriving and is easily the most watched sport in America, bringing in $9 billion just last year. Yet, Omalu’s findings have surfaced its short and long term dangers. Perhaps football, like the tobacco industry, will fall to the wayside in favor of safer, less contact heavy sports.

As a result of the medical findings supporting this lawsuit, we can imagine terrible implications for the future of football. Professional contracts may include head injury waivers, leading to fewer athletes to opt into the field. More athletes at all levels may be wary to play at all—it is not difficult to imagine that parents will be apprehensive to let their little ones play in the first place, let alone at the collegiate or professional level. Schools may discontinue their football programs altogether, especially if they cannot sustain medical experts at their fields for practices and games. Should football fall from grace, their annual revenue will be nowhere near the $25 billion Roger Goodell predicts it will be in 2027. Yet, perhaps the athletes who would have played football will now populate into other, “less risky” sports like baseball or basketball. We could see a huge increase in those sports’ popularity and revenue as football’s declines.


There is no way to say if this grim future of football is or is not likely to become reality. But it is important to see that one attorney’s will can put a multi-billion dollar franchise in jeopardy.

- Samantha Albanese (Staff Editor, Denver SELJ)

Wednesday, November 5, 2014

Painkillers Lawsuit Not Easing the NFL's Pain




On May 20, 2014, former NFL player Richard Dent, along with several other former players, filed a class action complaint in Northern California District Court against the National Football League.[1] The complaint alleged that the NFL “intentionally, recklessly, and negligently created and maintained a culture of drug misuse, putting profit in place of players' health.”

The former players argued that the NFL had substituted pain medication for proper health care. Specifically, the plaintiffs claim that the NFL administered painkillers without prescriptions or regard to the players’ medical history, risk of potential allergic reactions, or long-term consequences. Also, the players assert that they were supplied various painkillers without giving informed consent, and that they were encouraged to take the painkillers to play through injury. The damages sought include pecuniary and compensatory damages, as well as costs and attorney fees. The class is said to include all former NFL players who played between 1969 and 2008.

There are two key issues in the case. First, the court must determine whether the NFL intentionally, recklessly or negligently created and maintained a culture of drug misuse that prioritized profit over players’ health. Initially, the players will have to show that there was, in fact, a culture of drug misuse in the NFL between 1969 and 2008. Next, a court must decide whether such a culture was caused by the action (or inaction) of the NFL, or if it was caused by a general American culture of drug misuse. Also, if the players voluntarily accepted the drugs and treatment, this raises issues as to how much fault can be attributed to the NFL.

The second major issue is whether the case can actually be brought before the court. Under the NFL’s collective bargaining agreement (“CBA”), disputes between the NFL and players (including former players) must be resolved in binding arbitration. If the court concludes that the CBA applies, then the case will be dismissed. But, if the players can argue that this type of case falls outside the CBA, they might be able to avoid dismissal.

The NFL is currently trying to get the case dismissed with two main arguments. First, the NFL says that the players union is responsible for looking out for the players. Accordingly, the union should address the issue. Second, the NFL claims that the individual clubs, and not the league, are responsible for the medical care of players.

Only in recent years has society grown conscious of the long-term health concerns surrounding NFL players. In the last few years, the NFL has been dealing with a lawsuit against it concerning a lack of concussion safety protocols that lead to many players suffering long-term mental health problems. That concussion lawsuit has only recently settled and now the NFL is facing yet another major and potentially damaging lawsuit. This painkillers lawsuit seems to have taken a back seat to the recent media coverage of players’ off the field incidents. However, if this lawsuit moves forward, it could lead to even more bad publicity for the NFL and several more years of costly litigation. If indeed the allegations in this case are true, then the NFL has a lot to answer for and it could lead to major changes in how game of football is played.



-Justin Davis, Staff Editor





[1] Amended Complaint and Demand for Jury Trial Class Action, Dent v. Nat’l Football League, No. 4:14-cv-02324-KAW, 2014 WL 2925313 (N.D.Cal.).

Sunday, September 14, 2014

The NFL Under Extreme Heat: Ray Rice Suspension and the New Domestic Violence Policy

Initially suspending Ray Rice for two days was possibly the worst mistake Roger Goodell made.

After the video from TMZ surfaced that horrifically showed Ray Rice beating his fiancé (now wife) in an elevator, the NFL has been under attack. It is unclear what caused the one-sided fight to ensue, however, the NFL barely punished Rice, giving him a lesser suspension than a footballer player who tests positive for Marijuana (now legalized in the great state of Colorado and Washington) would otherwise receive.

The NFL is attempting to have a new "domestic violence policy" in play. Whether the policy is meant to keep the players in check or prevent further controversy to the NFL, we shall see.