NFLPA Asks Judge To Wait In Awarding Lawyer Fees In Retiree Case

By Daniel Kaplan, Staff Writer, SportsBusiness Journal

The NFLPA asked the judge who oversaw the case pitting the union against a class of retired players to wait to award attorneys fees and to divide the settlement because there is a substantial chance the verdict will be overturned. Last week a jury ordered the NFLPA to pay the 2,062-player class $28.1M for not marketing them properly. In a letter to Judge William Alsup on Friday, NFLPA outside counsel Jeffrey Kessler wrote, "Given the very real possibility that the judgment in favor of the Plaintiffs may be reversed or modified, Defendants believe that it would be a waste of judicial and party resources to now address attorneys fees and a distribution plan." Kessler pointed to the judge's own words, who prior to closing arguments told the plaintiffs’ attorneys outside the presence of the jury, "I am saying there are very substantial rule 50 motions that have been made.” Rule 50 motion allows the judge, even after a verdict, to aside a verdict and replace it with his or her own judgment if they think the jury improperly decided the case. The judge could also have had dismissed the charges before the jury got the case. The NFLPA plans to appeal the decision in the event Alsup does not overturn the verdict.