04-19-2019, 01:53 AM
Hall of Fame quarterback Dan Marino has filed his own NFL concussion lawsuit. Denis Potvin Jersey . Marino, along with 14 other players, filed the lawsuit on May 28 in the U.S. District Court for the Eastern District of Pennsylvania. Marino joins a little under 5,000 retired NFL players and their families that have sued the league across approximately 225 concussion lawsuits. There have been many notable players that have filed lawsuits, 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. None, however, are as well known as Marino. The key allegation raised by Marino is the NFL concealed information. He is arguing that the NFL knew of the long-term neurological impact of headshots but failed to share those findings with the players. This issue of fraudulent concealment was also alleged in the other concussion lawsuits so its not new. Its tough to know if Marino will succeed as everything turns on the evidence presented at trial. To win, he will need to show that the NFL had key and important information about the long-term and devastating impact of headshots and concealed it. The NFL, however, has certain defences available to it. First, it can argue that players were aware of the risk associated with playing football and they agreed to those risks each time they stepped onto the field. The NFL would also maintain that they didnt conceal anything. As well, the NFL could point 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 key issues. The NFL can also argue that Marinos lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, Marino would argue that since this case involves fraud in the form of concealment, it properly falls outside of arbitration and within the jurisdiction of the courts. Bottom line is this: both sides face challenges in this case and thats where we generally see settlement. All this is probably moot, as the league is working on finalizing a global settlement of these cases. You may recall that back in July 2013, the league announced it had settled the concussion lawsuits with the players. The negotiated settlement was for $765 million and would bind every retired NFL player, of which there are about 19,000. You should note, though, Marino is included among these players. So that means that Marino didnt need to file the lawsuit at this time. As well, while settlement was indeed announced, it was not finalized. Before the NFL can consider the case closed, the Court has to approve the terms of settlement. The problem is that on two separate occasions the Court has rejected the settlement on the basis that there is insufficient money to pay all players. As well, even if the Court were to approve the settlement, any of the 19,000 players would have 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. The Marino lawsuit may suggest that he is tired of waiting around for a payout from the proposed settlement and wants to take matters into his own hands. Whatever Marinos motivation, these concussion lawsuits are likely to continue for years. In the event a global settlement is approved by the Court, it seems likely that a number of players will opt out and file their own lawsuits. Indeed, there is still a lot of track to cover. New York Islanders Jerseys .NYCFC confirmed to The Associated Press on Saturday that this week Lampard signed a contract to start in July — midway through the new teams first season in MLS. Billy Smith Jersey . Villarreals victory in Valencia kept it in fourth place and in control of Spains last Champions League spot. Uche broke free in the area in the 10th minute and was brought down by goalkeeper Keylor Navas, who was shown a direct red card. http://www.islanderssale.com/customized/ . The 20-year-old Inoue landed a series of combinations and the bout was stopped 2 minutes, 54 seconds into the sixth round. Inoue, the first Japanese boxer to claim a world title in just his sixth professional fight, improved to 6-0 with five knockouts.LAS VEGAS -- The time for scouting is over. Brad Jacobs is using the Continental Cup to make sure his team is ready for the tournament that really matters. Jacobs, who will represent Canada at the Olympic Games in Sochi, Russia next month, said hes just trying to prepare his team for curlings biggest stage. Watching what other teams are up to isnt on the Sault Ste. Marie, Ont., natives agenda. "Weve played them before," said Jacobs on Sunday. "We focus on our game. Everyones throwing the rock well right now, thats the main thing for our team. I really like what I see as skip from the other end. "Its really nice to be here playing on this great ice surface in really serious competition that everyones trying their hearts out at." Jacobs skipped Team North America to a second straight Continental Cup championship with a 36-24 win over Thomas Ulsruds Team World. Team North America won the winners cheque of $52,000 and a bonus of $13,000 for collecting the most points in the skins game Sunday, while the World team took home $26,000. The victory was clinched in the sixth end when Ulsrud missed his final shot, giving Team North America a 4-1 win, and the half-point it needed to push it to the 30-point threshold in the overall standings. Jacobs was joined at the Continental Cup on the womens side by Winnipegs Jennifer Jones, who will also go to Sochi for Canada. "I really dont know what to expect in Sochi," said Jacobs. "For this event the crowds and everything, phenomenal. Obviously the arena, I dont think is as big as this one over at the Olympics. Theres a lot of Canadians here, its really made this event a huge success so far." Jacobs may not have been focusing on the competition but at least one of his opponents made sure to watch what Canada was doing. Ulsrud, of Norway, captured silver at the 2010 Winter Games in Vancouver. He said it was beneficial to play the Olympic ccontenders. Bryan Trottier Jersey. . "The Canadian team are obviously a really good team, but were going to have to make them work for it Sochi when they meet Norway," said Ulsrud. "We couldnt have asked for more or for it (the week) to go any better," said Jones. "We just feel real good with the ice and how were playing heading into Sochi." But with the different format at the Continental Cup, Jones added she didnt get many new tips about her Olympic opponents. "We know these teams really well. You know what to expect and you know youre going to have to play great to beat them," said Jones. "Weve been training really well and feel like everythings going according to plan which is exactly what you want it to be heading into the Olympics." Scotlands David Murdoch called it "quite unique" to see Olympic teams so close to the Games. "You want to make sure youre throwing it nice and try to take some good form into the Olympics," said Murdoch. Eve Muirhead, who won gold for Scotland at last years womens world championship and will skip for Great Britain in Sochi, credited ice technician Hans Wuthrich for simulating the conditions at Sochi. "Youve got Hans making the ice, the same icemaker who is going to be at the Olympics," she said. "This was fantastic prep for the Games." Muirheads Team World lost 3-2 on Sunday to Team North America, skipped by Erika Brown of Oakville, Ont./Madison, Wisc. Brown will represent the United States in Sochi. The Continental Cup features six teams from North America facing off against six World teams in various curling matches including traditional games, mixed doubles, singles and skins play. In the mixed skins game, Team North Americas Jeff Stoughton, Emma Miskew, Mark Nichols and Lisa Weagle rolled to a 4-1 win over Team Worlds David Murdoch, Satsuki Fujisawa, Scott Andrews and Miyo Ichikawa. ' ' '