The NFL has reached a $765 million settlement with its retired players over concussion-related lawsuits. There were over 220 lawsuits filed by 4500 players, including Tony Dorsett, Eric Dickerson, Mark Rypien, Tony Mandarich, Art Monk, Jim McMahon and Jamal Lewis, as well as the estate of the late Junior Seau. Make no mistake – these lawsuits fundamentally changed the sports landscape and the sports discussion as it relates to player safety across all sports. Lets look at some of the key takeaways from the settlement. Werent these lawsuits just about players complaining about risks they knew about? No. More please. The key allegation raised by the players was that the NFL concealed information. The players argued that the NFL knew of the long-term neurological impact of headshots and didnt share their findings and information with the players. Players like former Bears QB Jim McMahon knew there was some risk associated with playing football. However, he along with about 4500 other retired NFL players, contend that the NFL had better information about the potentially devastating impact of repeated headshots and deliberately concealed this information from NFL players. The players were basically saying this: We knew there was some risk of harm with playing football but not this level of debilitating injury. The NFL, however, knew of the risk and didnt share that with us. So concealment is a really important part of these lawsuits? Yes very important. As important as avoiding picking Alfred Morris in the first round of a PPR fantasy league. Who would have won at trial? Cant say at this point. Everything turns on the evidence presented at trial. To win, the players needed to show that the NFL had key information about the long-term and devastating impact of headshots and didnt share that with the players (so back to concealment). They would have needed a smoking gun so to speak. The NFL had some good arguments defending their position. First, they would have argued that players were aware of the risk associated with playing football and agreed to those risks each time they stepped onto the field. They would have also maintained that they didnt conceal anything. As well, the NFL would have pointed out that no one can say for sure what caused a players dementia, and even if it was caused by repeated headshots while playing football, how much of that damage was sustained outside the NFL in places like college or high school ball. So what caused the dementia and when it was caused become important issues. Theres more. The NFL argued early on that these lawsuits didnt belong in court in the first place, but rather should have gone to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players argued that since this case involved fraud, it properly fell outside of arbitration and within the jurisdiction of the courts. Bottom line is this: both sides faced challenges in this case and thats where we generally see settlement. The NFL is paying out $765 million as part of the settlement? Who wins with this settlement – the players or the league? The NFL did well. While $765 million is a lot of money, it breaks down to about $4 million per team in each of the first 3 years and then another few hundred thousand dollars per team for the next 17 years. The upfront payment of $4 million is by NFL standards a modest sum of money. To put it in perspective, thats what Falcons RB Steven Jackson will make this year. There was the potential a jury could have come back with a big monetary award against the NFL in the billions of dollars. This settlement helps the NFL avoid that type of potentially catastrophic award. So $765 million is a big number. Very big. But once disbursed across the leagues 32 teams, it becomes manageable. These lawsuits also generated a lot of negative press for the NFL. There were discussions focused on the death of the league. NFL MVP Adrian Peterson declared he didnt want his kid to play football because the sport was too dangerous. By settling these cases, the NFL can now look to change the conversation about football. Thats really important. Ok – how did the players do? This case was going to settle. It was surprising, though, to see it settle this early. For the players, an early pressure point would have been to force the NFL to produce sensitive documents going back decades. Thats something any business would not want to do, including the NFL. Still, the settlement suggests that the players had concerns with their case. Ultimately, though, this is not a bad deal for the players. Does this settlement mean the NFL is saying they were wrong and liable for this mess? No. The NFL expressly said that they are not admitting liability. Why wouldnt the NFL admit guilt? First – and this is key – they dont want to go on the public record saying they are guilty. If they did, a retired player could sue them and rely on that statement. As you can imagine, an admission of guilt would be a pretty powerful weapon for a plaintiff to use against the NFL. As well, from a PR standpoint, the NFL doesnt want to characterize itself as the villain in all this. Finally, the NFLs position is that they are not responsible. So why admit to something you are not convinced you did. Wait a minute – retired players could still sue despite settlement? Yes. The settlement agreement will bind about 18,000 retired NFL players. Specifically, it applies to every NFL player that is retired at the time the Court rubber stamps the settlement agreement. That could happen in the near future. However, a player has the option to opt-out of the settlement agreement. If a player believes that he can do a lot better filing his own individual lawsuit, he would tell the court and the NFL thanks but no thanks, Im headed to court. Ultimately, the player would sit down with his lawyers and figure out what makes most sense. One more point – the Court has to be satisfied that the settlement is adequate and reasonable before it approves it (thats right – the Court has to approve the agreement). If it concludes the agreement is not fair, it may not approve it. So theres another reason the NFL didnt admit liability – what if the agreement is not approved. Expect the deal to be approved by the court and close to all players agreeing to the terms of settlement. Will we see new lawsuits filed by current players? Those would be tough to win. The focus of the retired player lawsuits was that players were unable to make informed decisions about playing football because the league concealed information about the devastating impact of repeated headshots. Today that information is readily available. So it would be very tough for a current player to argue that he did not have enough information to make an informed decision. Dont see it. So whats next? Wait and see if any other players opt-out of the settlement and head back to court. Does this settlement affect my fantasy lineup? Should I have drafted Lamar Miller? No, your fantasy lineup is unaffected. As for Lamar, he should have a good season as the Dolphins lead back. A-Rod makes me angry. Thats a separate column.
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Cheap Authentic Jerseys . Utility player Joe Mather was designated for assignment. With the emergence of Jordan Schafer as the Braves centre-fielder and leadoff hitter, manager Fredi Gonzalez said McLouth would play in left while Martin Prado recovered from a calf infection.PHOENIX - Hands crossed behind his back, Ryan Braun stepped up in front of the cameras and reporters ready to take the hits. A long-awaited day had finally arrived: the Brewers slugger is officially back with his team for the first time since being suspended for 65 games for violating Major League Baseballs anti-drug agreement as part of the Biogenesis doping scandal. Once again, hes sorry. And hes ready to move on. "I took responsibility for that mistake I made," Braun said Thursday. "For me, my focus again is on this year and moving forward and learning a new position and getting ready for the season." One that includes a move from left to right field, and questions about whether Braun is over the right thumb injury that also limited him in 2013. But it was that other topic that again dominated a respectful question-and-answer session on a sunny day outside the Brewers spring training complex. And the 2011 NL MVP offered familiar answers. "Like I said, Ive addressed it multiple times. I appreciate your interest. I appreciate everybodys interest," Braun said to one of several questions about why he used a banned substance. "I understand you have a job to do, but Ive already addressed that multiple times at multiple press conferences." There was a statement in August. A gathering with reporters in Milwaukee during a Thanksgiving food drive. Another press conference at fan outreach event last month, his first major public appearance in Milwaukee since the suspension. Its easy to see why theres still interest. After the Yankees Alex Rodriguez, Braun is perhaps the most well-known player suspended for using performance-enhancing drugs. He remains relatively popular in Milwaukee despite the suspension, judging by fans still wearing his No. 8 Jersey at the teams winter outreach event. One such fan watched intently from about 50 feet away behind a steel fence at the Maryvale baseball complex, holding on to a yellow Braun Jersey. Nearly two years ago to the day, Braun offered a vociferous proclamation of innocence at spring training. At the time, a 50-game suspension for a positive drug test had been overturned by an arbitrator. "We won," he said then with conviction, "because the truth is on my side." Turned out not to be the case. "Certainly I wish that I haadnt done the press conference.dddddddddddd I wish that I had known then what I know now," Braun said Thursday. "If I had, certainly I wouldnt have done it at all." The front office and manager Ron Roenicke appear to be more than satisfied with how hes made amends with teammates. "Yeah, he doesnt need to address anything anymore. If he wants to, fine," Roenicke said. "He feels like hes said enough. Hes said enough certainly for me." Now if he can just get back to that MVP form under a glare of suspicion that will almost certainly still follow him in the short term, especially on the road. Braun hit .298 with nine home runs, 38 RBIs and four steals in 61 games in 2013, well below his career averages. He is usually good for at least 30-plus homers, 110 RBIs and 20 steals, along with a .320 average. "I feel good, but like I said its always a challenge getting use to facing pitching again and seeing curveballs and sliders and some spin on the ball," Braun said about his thumb. "Theres always an adjustment phase but I feel pretty good." Then theres the new position. As part of the acclimation process, Braun brought up the possibility of being an "all-time" defender in a minor-league game this spring, meaning he would be a fielder for both sides. Roenicke said he first thought about shifting Braun in 2011. "It wont be that easy of a transition, even though hes a very good left fielder," Roenicke said. "Its different when that ball turns the other way." Braun also declined comment when asked about his relationship with Green Bay Packers quarterback Aaron Rodgers. The former business partners are two of Wisconsins biggest stars, and Rodgers expressed disappointment after Brauns suspension last summer. To others in baseball, the return of Braun and accompanying drama might be viewed as a headache. Braun is certainly aware that he might get negative reactions away from Miller Park. Roenicke, however, confidently predicted he would not be a distraction for the Brewers. "I think everybody knows the kind of player he is," he said. "We like him for one, and we need him on this team, and hes paid the penalty that Major League Baseball has put in place, and its over." ___ Follow Genaro Armas at
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