Judge Rules Group Of Former NFLers Can Sue Union For Royalties
By Liz Mullen & Daniel Kaplan, Staff Writers, SportsBusiness Journal
 |
Judge Certifies Class Of Retired
NFLers To Sue NFLPA As Group |
A federal court judge yesterday certified a class of retired NFL players, which will allow them to sue the NFLPA as a group, an action that their attorney said could give them access to more than $100M in royalties from licensing deals the union has with such companies as Topps and EA Sports. "They have done deals far in excess of $100[M]," said Ron Katz, attorney for the retired players. "Our theory is we get an equal share of those revenues with the active players." NFLPA outside counsel Jeff Kessler disagreed, saying, "It is true that the ... class is seeking an equal share of active player licensing money for certain retired players for certain years in the past, but the claim is legally and factually baseless. Whenever retired player images were used, they were paid for those rights. Certifying a class indicates nothing about the merits of the claim." However, in his decision certifying the class, U.S. District Court Judge for the Northern District of California William Alsup noted there were only two instances of retired players, who had signed group licensing agreements (GLAs) with the NFLPA, being paid fees. "With rare exception, the retired NFL players who signed GLAs have received no revenue from the licensing of their names, images and biographies," he wrote in the decision certifying the class. He also called the language of the GLAs "a masterpiece of obfuscation." Alsup ruled that a class of players who signed GLAs with the NFLPA between '03-07 can sue as a class. But he ruled that another group, which paid union dues but did not sign the GLAs could not be certified as a class. Katz said both groups are made up of about 2,500-3,000 players each. Katz said that the "economic significance of the class that was certified to sue is at least 100 times more valuable than the class that was not certified."
PARRISH NOT A NAME PLAINTIFF: Additionally, Alsup ruled that former NFL player Herb Adderley could go forward as a name plaintiff in the case, but Bernie Parrish, another player who brought the case against the NFLPA, could not be the name plaintiff to represent the class because of his "personal vendetta against [NFLPA Exec Dir] Gene Upshaw" and other remarks he has made, including "racially charged comments." In his decision, Alsup noted several disparaging remarks Parrish made about Upshaw, including ones comparing him to "Baseball's white Donald Fehr" and "the white President Bush." Alsup wrote, "These comments are particularly disturbing considering many of the putative class members that Parrish is seeking to represent are African American. This would be true even if Parrish were himself not white." Parrish could not be reached for comment, but Katz said, "Mr. Parrish has a lot of close friends who have been physically and mentally disabled and he feels have been abused by the NFLPA, so he is very passionate about this issue." NFLPA General Counsel Richard Berthelsen in a statement said, "We have said all along that Bernie Parrish represents no one but himself, and that he was only advancing his own agenda at the expense of others. We are glad that the court realized the type of individual it was dealing with, and that it denied him the legal standing he sought in the case."
|
Related Stories By Company
|
Related Stories By Sport
|
Bears Deny Rift With NBC
November 20, 2009 :
SportsBusiness Daily
Gruden Committed To Improving On "MNF"
November 20, 2009 :
SportsBusiness Daily
Obama To Appear In PSA With Three NFLers
November 20, 2009 :
SportsBusiness Daily
NFL Forms New Player Advisory Forum
November 20, 2009 :
SportsBusiness Daily
NFLPA Urges Agents To Have Clients Sign GLA
November 20, 2009 :
SportsBusiness Daily
|
Bills Owner Prepared To Make Big Changes
November 20, 2009 :
SportsBusiness Daily
Bears Deny Rift With NBC
November 20, 2009 :
SportsBusiness Daily
MSFC Threatens Vikings With Penalties
November 20, 2009 :
SportsBusiness Daily
Gruden Committed To Improving On "MNF"
November 20, 2009 :
SportsBusiness Daily
Obama To Appear In PSA With Three NFLers
November 20, 2009 :
SportsBusiness Daily
|
|
