Showing posts with label settlement. Show all posts
Showing posts with label settlement. Show all posts

Wednesday, September 24, 2014

Jameis Winston "Cooperating" With Title IX Investigation... Was There An Attempted Extortion...?

((HT: WCTV-TV/TMZ))

While the attorney for FSU QB Jameis Winston, David Cornwell, admits that his client is cooperating with the Title IX investigation on campus, he also says that the accuser in the previous rape case tried to extort money from his client.

$7-million worth of being left alone...

TMZ has a copy of the letter and it claims that the accuser's attorney, Patricia Carroll, was ready to deal:

According to the letter -- obtained by TMZ Sports -- the alleged victim's lawyer, Patricia Carroll, demanded $7 MIL to settle her client's claims against FSU and Winston, telling Cornwell, "If we settle, you will never hear from my client or me again -- in the press or anywhere."

Cornwell says he rejected her offer and 4 days later she went to the media.


Fisher is now ready to move on and make sure that his quarterback is going to not get into any more trouble.

Here's the Jimbo Fisher press conference from this week where he addresses the "miscommunication" between staff and coaches involving the wearing of the uniform for the Clemson game.


The HQ still has tremendous issues with Winston even being on the field Saturday. We always thought "suspended" meant something the equivalent of staying at home, not being in attendance, and learning some kind if lesson in all of this.

The HQ doesn't buy the whole "miscommunication" gambit and the idea that the network broadcasting the game actually had 48 cut-aways (as counted by Deadspin) of him watching his team on the sidelines is appalling.

The glorification of a suspended athlete has nothing to do with subplot and it wouldn't have if he was off the field- where he belonged- in the first place.

The HQ is also not fond of Winston jumping into the middle of Sean McGuire's moment after the win and we're fairly sure there's a huge disconnect in Winston's brain when it comes to "getting it."

Which he, surely and consistenty, has not and will not. Entitlement and coddling are two words that seem to be fairly consistent in the administration of Winston's life path and we're pretty tired of it.

There's nothing wrong with being a "heel." Each sporting element has them and needs them for the sake of daily argument. But Winston, through all of his instances, has gone past that role into one of an individual who we're all waiting to fall and won't have any sympsthy when he does.

Tuesday, August 19, 2014

Kluwe And Vikes Settle Lawsuit

((HT: KARE-TV))

Former Minnesota Vikings punter Chris Kluwe has settled his discrimination lawsuit against his former employer over his release.

Kluwe maintained that his opinions and his support for gay marriage along with the alleged behavior of special teams coordinator Mike Priefer toward Kluwe that included the use of gay slurs during practice got him released.

The Vikings are now donating to LGBTQ charities, enacting a zero tolerance policy within the franchise, and enlisting in sensitivity training as part of the settlement.

Here's the wrap on the lawsuit
"Our focus remains on maintaining a culture of tolerance, inclusion and respect, and creating the best workplace environment for our players, coaches and staff," Vikings Owner/Chairman Zygi Wilf said in a statement released during Kluwe's news conference. "As a family we have long-supported equal rights causes, including marriage equality," said Vikings Owner/President Mark Wilf in a statement. "We are glad a resolution of this matter has been reached, and we look forward to continuing our efforts to create positive awareness of these issues."

Moore And Bertuzzi Settle Out Of Court

((HT: Sportsnet/Grange))

Michael Grange is reporting that Steve Moore and Todd Bertuzzi have agreed to an out-of-court settlement a little less than a month before their civil trial was set to begin.

Here's the incident that started it all- 10 years ago...
((HT: Hockey Webcast))


Bertuzzi apologized, but he eventually pleaded guilty to criminal assault causing bodily harm for the hit and was sentenced in 2006 to one year probation and 80 hours of community service.
((HT: BCTV))


Moore then filed a multi-million dollar civil suit against Bertuzzi and the call to settle the case was called after mediation in early August.

He, contrary to what Bertuzzi wished in the press conference above, has not fully recovered- as put forth in the anniversary back in March.

Friday, August 15, 2014

Kluwe, Vikings Reach Reported Discrimination Settlement

((HT: KARE-TV))

The attorney for former Minnesota Vikings punter Chris Kluwe says that he, his client, and the team have reached a settlement over alleged discrimination while Kluwe was on the active roster. Kluwe accused the Vikings, initially, of cutting him because of his views and his vocal demeanor over them.

Kluwe said he was suing the team over their lack of handling the alleged discriminatory behavior by special teams coach Mike Priefer. Priefer allegedly used anti-gay slurs in his coaching demeanor. The Vikings suspended Priefer for three games and made a donation to local gay advocacy groups as an initial response to Kluwe and attorney Clayton Halunen's public claims.

Halunen says that the settlement will be discussed early next week.

Lawmakers in the state of Minnesota wanted a harsher penalty for Priefer's alleged actions and it will be interesting to see if anything happens above and beyond what is currently on the table.

Tuesday, July 29, 2014

NCAA Settles Concussion Lawsuit, Admits No Wrongdoing

((HT: ABC 7 Chicago))

But all the settlement really does is create a fund for baseline testing to see if any college athlete who feels they may have had consistent after-effects of possible concussions really can call the concussion(s) as the cause.

It's a $70-million investment that covers participants in seven sports- both male and female.

The NCAA is also going to implement a single policy for letting athletes back in the game as a survey taken by the NCAA in 2010 disclosed that as many as half of the trainers on site allowed athletes back in their respective games.

10 individual lawsuits were consolidated into one heard in Chicago and the NCAA admits no wrongdoing in the case.

Mike and Mike discuss
((HT: ESPN))


"I wouldn't say these changes solve the safety problems, but they do reduce the risks," Joseph Siprut, the plaintiff's attorney, said. "It's changed college sports forever."

"Changes were necessary to preserve the talent well of kids that feeds the game of football. Absent these kinds of changes, the sport will die."

Wednesday, June 25, 2014

NFL And Courts Rescind Max Cap On Concussions Lawsuit, Kevin Turner Present On Capitol Hill

((HT: Kevin Turner Foundation))

The NFL agreed to remove the US$675 million cap on damages in the 20,000 concussion-related claims put forth in a lawsuit against the league since it was widely thought that the money would run out sooner than all affected could receive their part of the settlement.

The settlement is designed to last at least 65 years and cover retired players who develop ALS, dementia or other neurological problems believed to be caused by concussions suffered during their playing days.

The original settlement was:

$675 million for compensatory claims
$75 million for testing and
$10 million for medical research and education.

The NFL would also pay an additional $112 million to the players' lawyers

That cap is gone, but there is a formula that involves math concerning a plaintiff's age and severity of illness.

At the same time in Washington DC, something called the "Senate Aging Committee" met to figure out how to examine the long-term impact of sports-related brain injuries. Former WWE'er Chris Nowinski was scheduled to speak during the hearings.

But he wasn't the only one...

Here's the speech on Capitol Hill by Craig Sanderson- speaking for former Alabama running back Kevin Turner and the Kevin Turner Foundation


Turner was quoted once the settlement was figured out:

"The compensation provided in this settlement will lift a heavy burden off of the men who are suffering," he said in a statement. "I am also personally comforted by the knowledge that this settlement is guaranteed to be there for any retired player who needs it."

Full disclosure: OSG Sports supports the Kevin Turner Foundation and others suffering from ALS

Wednesday, January 15, 2014

Other NFL Concussion Lawyers Speaking Up, Settlement May Not Have Been Unanimous

((HT: ESPN, Fainaru and Fainaru-Wada/Olbermann))

According to Mark and Steve, one lawyer is now speaking up that the unanimous decision to accept the $765-900-million concussion settlement against the NFL may not have been all that unanimous in the first place...

Thomas Girardi, who represents a fair number of players impacted, is determining just how many of his players should/can opt out and pursue something separate from the current decision.

"We're analyzing it right now to see who fits and who doesn't," Girardi told Fainaru and Fainaru-Wada. "I would say this: A heck of a lot of them don't fit. To start giving you percentages would be a little bit over the top for me right now. But I think it will be a substantial number."

Dorsey Levens discussed with Chris Hayes at the time of the settlement
((HT: MSNBC))


And Peter King discussed the most recent development with KO last night...


The HQ still wonders how the math will work out in the current figure- unless you're talking about accrued interest and all that stuff...

But we doubt it...

Tuesday, January 14, 2014

Judge Throws Out Early Concussion Settlement, Figures Too Low...

So much for that idea...

US District Judge Anita Brody thinks the $900-million settlement between the National Football League and the nearly 4,500 defendants that played for the league and has pulled it off the table...

"I am primarily concerned that not all retired NFL football players who ultimately receive a qualifying diagnosis or their (families) ... will be paid," Brody wrote as part of her 12-page opinion.

Distribution is supposed to be on a sliding scale set to a former player's age and medical diagnosis and is supposed to last up to 65 years...

The HQ does not see how that math is ever supposed to work for the 20,000 players on the list awarded through the 4,500 who filed the suit...

As did Peter King when he was interviewed by CNN at the time of the settlement...


The NFL is one great negotiator and are still not moving from their stance...

"We respect Judge Brody's request for additional information as a step towards preliminary approval," NFL spokesman Greg Aiello said in a statement. "We will work with the plaintiffs' attorneys to supply that information promptly to the court and special master. We are confident that the settlement is fair and adequate, and look forward to demonstrating that to the court."

Thursday, September 26, 2013

EA Sports Out Of College Football Business

((HT: ESPN))

It's in the game, and they're out of the game...
((HT: EA Sports))


And they have settled the lawsuit involving their usage of former NCAA player jersey numbers, heights, weights, skin tones, hair colors and home states listed in their in-game bios without their permission and without paying the ex-college players as they sold the video game on the open market- for quite some time.

And we're talking somewhere between 200-300,000 ex players that were used in the game...

Co-lead counsel Steve Berman said in a statement:

"When we filed the case, we felt very strongly that EA's appropriation of student-athletes' images for a for-profit venture was wrong, both in a legal sense and from a more fundamental moral perspective. These guys were busting their butts on the field or the court trying to excel at athletics, oftentimes to help win or maintain scholarships so they could get an education.

"Students agreed that by being student-athletes that they could not exploit their personal commercial value, an agreement they lived up to. The same cannot be said about the NCAA or its partner Electronic Arts."


Darren Rovell discusses...


EA Sports and their licensing partner, CLC, will not admit any wrongdoing and now the NCAA is going it alone in the class-action suit with Sam Keller and Ed O'Bannon as plaintiffs.

The NCAA isn't ready to cave on that end just yet as EA will now go it without their college football game...

Friday, September 20, 2013

Concussion Settlement May Not Have Enough Money, Older Players Excluded...???

((HT: ESPN/Fainaru-Fainaru Wada))

Now, if this don't beat all... and it's not a shock if it turns out to be true...

But the Shield is buckling down in the settlement where:

1) Some of the earliest diagnoses would be disqualified and those families would not get any of the $765-million pot. Names like Mike Webster and Justin Strelczyk would fall into this category...

2) Some lawyers representing players are getting paid directly from the player's settlement money. This flies in the face of the initial notion that the fund would not be used for legal fees. This lends itself to the idea that some lawyers would get multiple paydays.

3)Is there, simply, enough money to go around if individual awards would be capped at $5 million for players suffering from ALS, Parkinson's or Alzheimer's disease, $4-million for deaths from chronic traumatic encephalopathy, and $3 million for players suffering from dementia.

And we're talking hundreds of plaintiffs...

Some lawyers interviewed by Fainaru and Fainaru-Wada say yes. Some say no.

Steve Fainaru discusses...


The whole article is a must read and no one should be surprised...

Thursday, August 29, 2013

DEVELOPING: NFL and Players Settle On Concussions

There is a proposed settlement in the concussions lawsuit...

More when we know more...

But if you divide $765-million into 4,500 it averages $170,000 per player- which, the HQ thinks, is a mere drop in the bucket when it comes to treatment (past, present, and future) of all the player's issues that have built up over time.

The settlement would fund medical exams, concussion-related compensation and medical research.

The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including Tony Dorsett, Jim McMahon and Junior Seau.

Senior U.S. District Judge Anita Brody announced the proposed settlement, but she still needs to approve the deal...

UPDATE: $765 less 30% atty fees is $535.5 m / 4500 players= $119k if fees come off the top

Sunday, August 18, 2013

Victim 5 First To Settle With Penn State

((HT: CNN))

The inevitability in the Jerry Sandusky case is hitting Penn State a little harder now...

The Philadelphia Inquirer's Susan Snyder has the story of Victim 5's case against Penn State University now is settled for the ever-popular undisclosed amount.

It's the first of a reported 26 settlements expected among 31 young men who have claims over the former Penn State coach's actions and the school’s lack of a response until everything came cascading into the public view.

Victim 5's attorney, Tom Kline, told the Associated Press that his client attached his claim to Penn State, so the school would have a better shot at getting their money back from other sources more closely connected to Sandusky like his "The Second Mile" charity.

From Snyder:

Because the assault occurred so soon after the McQueary report and took place on campus, it was considered pivotal in reaching a settlement agreement with other victims, said Michael K. Rozen, a lawyer hired by the university to help settle the cases.

"The pivotal issue from the university's perspective in dealing with the victims is where the incident occurred and when it occurred proximate to the 2001 shower incident," Rozen said. " 'Number 5' is probably the singular one of the claims that has come to the university's attention where it absolutely, positively could have been stopped."


Sandusky is serving a 30 to 60-year state prison sentence for child molestation and related offenses.

Here's CNN coverage just as the Sandusky guilty verdict was reached...