TSN TV Schedule TSN2 TV Schedule
NFL

Legal Look: The timing of the lawsuit against the Chiefs

{eot}
Eric Macramalla, TSN Legal Analyst
12/3/2013 3:20:06 PM
Decrease Text SizeIncrease Text Size
Text Size

Five former Kansas City Chiefs players are suing the team claiming the team concealed the long-term neurological impact of repeated headshots.

The plaintiffs in the action are Leonard Griffin, Chris Martin and his wife, Joe Phillips, Alexander Louis Cooper and Kevin Porter. The players are alleging they suffer from chronic traumatic encephalopathy, or CTE, as a result of their days in the National Football League.

This same allegation was made in the NFL's concussion lawsuits. In all, there were over 220 lawsuits involving 4,500 former retired NFL players. This new lawsuit, however, is different than the NFL concussion lawsuits in that the plaintiffs are targeting the team and not the NFL.

There are two reasons for the timing of the lawsuit.

First, these players played between 1987 and 1993. During that time, there was no collective bargaining agreement in place. This is important since the CBA provides that issues of player health and safety go to arbitration and court. That's why the NFL went to court to try and get the players lawsuits punted and sent to arbitration (the court never had a chance to rule on that request since settlement was announced).

So in this case, since there was no CBA in place when the players were playing, they can head to court without the CBA saying they have to go to arbitration.

There's also a local Missouri law that allows employees (or players) to sue employers (or teams) if the employees are declined workman's compensation. That legislation expires at the end of this year so the players may have decided now or never.

One more point. The big NFL concussion lawsuits haven't formally settled.

You may remember that the negotiated settlement was for $765 million and would bind every retired NFL player the day the deal is approved by the Court (that's about 18,000 players).

Settlement was indeed announced; however, the Court still has to approve the settlement proposal. As well, a player may opt out of the settlement and file his own lawsuit. So it's premature to declare that the case is done.

Still much ground to cover.

Football (Photo: Bill Frakes/Sports Illustrated/Getty Images)

zoom

(Photo: Bill Frakes/Sports Illustrated/Getty Images)
Share This

Share This

Add to FacebookAdd to DiggAdd to FarkAdd to TwitterAdd to Stumble UponAdd to Reddit
Print this Story


2014 NFL Draft

The Houston Texans selected defensive end Jadeveon Clowney first overall in the 2014 NFL Draft.


Round-by-Round Picks: 1 | 2 | 3 | 4 | 5 | 6 | 7

Hall Of Fame

Ray Guy, Derrick Brooks, Walter Jones, Michael Strahan, Andre Reed, and Aeneas Williams, headlined this year's Hall of Fame class. More...

Podcasts

TSN 1050: The Bryan Hayes Show: July 28 - John Kryk

SunMedia NFL Columnist, John Kryk joined Bryan Hayes to discuss the potential of Manziel & EJ Manuel's struggles in camp.

TSN 1050: The Bryan Hayes Show: July 23 - Jim Trotter

ESPN NFL Analyst, Jim Trotter joined Bryan Hayes to discuss Tony Dungy's comments about Michael Sam, Brett Favre's Packers legacy & Johnny Manziel.

TSN 1050: Gamenight: July 22 - John Kryk

NFL Columnist John Kryk of Sun Media joins Gamenight to give his training camp rundown of the Buffalo Bills, New England Patriots and New York Giants.


More Podcasts

© 2014
All rights reserved.
Bell Media Television