http://profootballtalk.nbcsports.com/2014/01/28/jahvid-best-suing-nfl-over-concussions/

http://www.freep.com/article/20140128/SPORTS01/301280106/

okaydo;842271399 said:

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http://profootballtalk.nbcsports.com/2014/01/28/jahvid-best-suing-nfl-over-concussions/

http://www.freep.com/article/20140128/SPORTS01/301280106/

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Thank goodness we found a position for him at Cal. I wonder if he would have included Cal as a defendant in his lawsuit, otherwise.

I'm certainly no legal expert - but JB may have a tough time with this lawsuit considering he already had a couple of serious concussions even before getting to the NFL?

GoBears89;842271418 said:

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I'm certainly no legal expert - but JB may have a tough time with this lawsuit considering he already had a couple of serious concussions even before getting to the NFL?

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But didn't the NFL know that as well? Did they do enough to protect him? Didn't they accept his/their own doctor's medical evaluation that he was healthy to play?

GoBears89;842271418 said:

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I'm certainly no legal expert - but JB may have a tough time with this lawsuit considering he already had a couple of serious concussions even before getting to the NFL?

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https://mi-tjc.tylerhost.net/DownloadResource.ashx?RID=3c93916d-af44-4edf-94b3-6005645bcc55

He is saying the NFL is at fault for letting him enter the draft knowing he had previous concussions, and Riddell for selling defective equipment because they did not prevent concussions as well as failure to warn. He is also suing everyone for hiding the problem.

Phantomfan;842271432 said:

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https://mi-tjc.tylerhost.net/DownloadResource.ashx?RID=3c93916d-af44-4edf-94b3-6005645bcc55

He is saying the NFL is at fault for letting him enter the draft knowing he had previous concussions, and Riddell for selling defective equipment because they did not prevent concussions as well as failure to warn. He is also suing everyone for hiding the problem.

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You just got sued encouraging jahvid to go to the nfl in your previous posts and he read them.

CALiforniALUM;842271425 said:

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But didn't the NFL know that as well? Did they do enough to protect him? Didn't they accept his/their own doctor's medical evaluation that he was healthy to play?

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Personally, I think his complaint (did I use that right?) that the NFL should not have let him play or be drafted is garbage.

I also think claiming that the helmets are defective because they dont protect against everything in every circumstance is garbage

I think his other two are worth discussing - ie that Riddell and the NFL hid the danger and that Riddell did not properly warn of their products limitation.

tommie317;842271433 said:

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You just got sued encouraging jahvid to go to the nfl in your previous posts and he read them.

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ha

Phantomfan;842271437 said:

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Personally, I think his complaint (did I use that right?) that the NFL should not have let him play or be drafted is garbage.

I also think claiming that the helmets are defective because they dont protect against everything in every circumstance is garbage

I think his other two are worth discussing - ie that Riddell and the NFL hid the danger and that Riddell did not properly warn of their products limitation.



ha

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Regardless of the circumstances of his lawsuit, this might be a good time to make everyone watch this again:

http://www.pbs.org/wgbh/pages/frontline/league-of-denial/

So current players weren't part of the concussion settlement then

Phantomfan;842271432 said:

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https://mi-tjc.tylerhost.net/DownloadResource.ashx?RID=3c93916d-af44-4edf-94b3-6005645bcc55

He is saying the NFL is at fault for letting him enter the draft knowing he had previous concussions, and Riddell for selling defective equipment because they did not prevent concussions as well as failure to warn. He is also suing everyone for hiding the problem.

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This may be interesting as the NFL will have to admit as to their procedures for medically clearing players with concussion histories, and to examine what their standards are regarding the effects of concussions on player well-being.

http://www.tmz.com/2014/01/29/detriot-lions-jahvid-best-lawsuit-nfl-draft-concussion/

I'd be really surprised if there had not been at least one qualified medical professional advising against returning to the sport after that horrendous injury against Or St. I realize assumption of risk has not been an impenetrable defense for a very long time, but it seems to me that Best's position is weakened if there is any record that he had been advised to give up the sport.

Suing a helmet manufacturer (for a helmet that did not fail) is not going to get anywhere. Helmets of all kinds are slathered in warning stickers.

Regarding Jahvid Best himself suing the NFL, it looks silly because even after he was told he should probably just hang it up, he kept insisting he was going to continue to aim to come back eventually. He probably talked to several top concussion experts and still wanted to come back. Even after his big concussion at Cal he had access to expert opinions and now he wants to blame the NFL. Regarding his own individual case he has no one to blame but himself. This is not a comment on NFL's culpability for the concussion problem in general, where your average aspiring NFL hopeful doesn't think about consulting with concussion experts.

https://www.jdsupra.com/legalnews/complaint-and-demand-for-trial-by-jury-j-09380/

A lawsuit with merit would have been filed in federal court in New York (with Skadden, Cravath, Sullivan, Wachtell, or Simpson Thatcher onboard) or Chicago (with Kirkland), not filed by a personal injury/DUI lawyer based in Lincoln Park (http://schnitzerlaw.net). For Jahvid's sake, I hope Bret is taking the case pro bono or that Jahvid has paid a minimum retainer.

The NFL and Riddell will probably remove the case to federal court, move to change the venue to New York/Chicago, and 12(b)6 the case.

"Best said the injury played only a small role in his decision and actually made it more likely that he would have stayed so he could have ended his career on a high note."
http://sports.espn.go.com/nfl/draft10/news/story?id=4790495

"It was just kind of a gut feeling," he said. "I go with my feelings. That's how I make decisions. I feel like I'm ready to play in the NFL and I think I'll be successful."
http://sports.espn.go.com/nfl/draft10/news/story?id=4790495

"Jahvid Best talked w/reporters today. Said he's symptom free and not at all concerned about his concussion problems."

"He took part in Organized Team Activities and minicamp, his first on-field work since the Week Six injury and hasn't had any medical setbacks."
http://profootballtalk.nbcsports.com/2012/06/18/jahvid-best-is-done-thinking-about-concussions/

"Jahvid Best spoke to reporters during Organized Team Activities on Monday, and the concussion-prone Lions running back declared himself 'symptom free.'"
http://profootballtalk.nbcsports.com/2012/06/04/jahvid-best-declares-himself-symptom-free/

"It's tough. I don't know what the future is going to hold for me," Best said, via the Baltimore Sun. "It's been about a year and a half now, but I'm still working out like I'm playing next week. I am never giving up hope. I'm staying ready so if the opportunity does present itself, I'll be ready."
http://profootballtalk.nbcsports.com/2013/03/18/jahvid-best-is-never-giving-up-hope/

Best was given the honor by his teammates after a 2012 season that never happened for the running back, who remains sidelined by neurologists who haven't cleared him to return to football since going on injured reserve because of concussions in November 2011.
http://profootballtalk.nbcsports.com/2013/03/18/jahvid-best-is-never-giving-up-hope/

Jahvid continued to practice and express his desire to play despite not having clearance from neurologists.
http://profootballtalk.nbcsports.com/2013/03/18/jahvid-best-is-never-giving-up-hope/

Perhaps Bret will call John Brenkus to testify about the forces applied to a Riddell helmet during an NFL game or practice?
:rollinglaugh:

Res judicata. Forum shopping. Assumption of the risk. 12(b)6.:hammer:

TouchedTheAxeIn82;842272210 said:

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Suing a helmet manufacturer (for a helmet that did not fail) is not going to get anywhere. Helmets of all kinds are slathered in warning stickers.

Regarding Jahvid Best himself suing the NFL, it looks silly because even after he was told he should probably just hang it up, he kept insisting he was going to continue to aim to come back eventually. He probably talked to several top concussion experts and still wanted to come back. Even after his big concussion at Cal he had access to expert opinions and now he wants to blame the NFL. Regarding his own individual case he has no one to blame but himself. This is not a comment on NFL's culpability for the concussion problem in general, where your average aspiring NFL hopeful doesn't think about consulting with concussion experts.

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So many conservative, pro-business people here.

Jahvid got screwed out of a real NFL career, and all he has to show for it are 5 concussions and a possible nasty future with severe depression, mania, and dementia to look forward to, and all you can do is criticize him?

I support Jahvid Best. He was a great representative of Cal and still is.

WrongWayRoy;842272346 said:

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A lawsuit with merit would have been filed in federal court in New York (with Skadden, Cravath, Sullivan, Wachtell, or Simpson Thatcher onboard) or Chicago (with Kirkland), not filed by a personal injury/DUI lawyer based in Lincoln Park (http://schnitzerlaw.net).

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You sound like an over-eager first year law student with a grudge against Jahvid Best or plaintiffs' attorneys.

Do you seriously think a law firm like Skadden or Cravath, which charge like 1000 dollars an hour, would take a personal injury case on a contingency, regardless of the merits? And conflict themselves out of corporate America? No way.

Jahvid Best can sue in whatever state he worked in while in the NFL, which is any state that any of the NFL teams are situated in (or at least the ones he played against, plus Michigan, where Detroit is located). You sue where you best have a chance of winning. That would be California or Texas, plaintiff-friendly states.

Or you sue where your lawyer is located to make it easier on him.

jaccpot10;842272479 said:

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So many conservative, pro-business people here.

Jahvid got screwed out of a real NFL career, and all he has to show for it are 5 concussions and a possible nasty future with severe depression, mania, and dementia to look forward to, and all you can do is criticize him?

I support Jahvid Best. He was a great representative of Cal and still is.

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He has a NFL pension because the Lions wanted do what was best for him and kept him on the roster until he was able to qualify even though he was unlikely to play again. Now he is suing them. Pretty sure, Jahvid knew the risks of concussions once he got them in college, i mean he did go to Cal after all.

jaccpot10;842272479 said:

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So many conservative, pro-business people here.

Jahvid got screwed out of a real NFL career, and all he has to show for it are 5 concussions and a possible nasty future with severe depression, mania, and dementia to look forward to, and all you can do is criticize him?

I support Jahvid Best. He was a great representative of Cal and still is.

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I am pro personal responsibility and individual opportunity in this case. The crux of his argument against the NFL is that the should have denied him (and everyone else with concussions) an opportunity. That is anti-individual, not anti business.

The parts re misleading and improper warning is different, to me.

jaccpot10;842272484 said:

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You sound like an over-eager first year law student with a grudge against Jahvid Best or plaintiffs' attorneys.

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:rollinglaugh:

I recognize a frivolous lawsuit without engaging in ad hominem attacks. (Disclosure: I previously worked for a large law firm and plaintiff's attorneys keep billable hours flowing during economic downturns). On another note, Jahvid is/was a great asset to Cal regardless of the lawsuit.

jaccpot10;842272484 said:

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Do you seriously think a law firm like Skadden or Cravath, which charge like 1000 dollars an hour, would take a personal injury case on a contingency, regardless of the merits? And conflict themselves out of corporate America? No way.

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You took my statement too literally. The scope of Jahvid's lawsuit will require significant resources (e.g., a large firm or a number of firms) to counter the representation and resources from the firms representing Riddell and the NFL.

jaccpot10;842272484 said:

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Jahvid Best can sue in whatever state he worked in while in the NFL, which is any state that any of the NFL teams are situated in (or at least the ones he played against, plus Michigan, where Detroit is located).

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False. Also, thank you for informing me that Detroit is located in Michigan.

jaccpot10;842272484 said:

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You sue where you best have a chance of winning.

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I am not suing anyone.

jaccpot10;842272484 said:

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That would be California or Texas, plaintiff-friendly states.

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Why didn't Bret file pro hac vice or seek local counsel in California or Texas?

jaccpot10;842272484 said:

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Or you sue where your lawyer is located to make it easier on him.

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Bret took your approach. I am assuming that Bret probably does not have that much experience in federal court or he wouldn't have wasted time filing in state court.

The overall problem with the lawsuit is that Jahvid is singing a different tune in his complaint compared to his past. When Jahvid was at Cal, he is on the record stating that the concussion problem was not a big deal for his decision to enter the draft. Once Jahvid was an NFL employee, neurologists stated he could not play despite the fact he continued to practice and hope that he could play. When he found out his NFL career was over, he files suit.

The main question is whether the NFL owes a duty of care to college players seeking to enter the draft regarding concussion-related injuries. The NFL already prevents players from entering the draft until three years subsequent to their high school graduation. Jahvid is asking the NFL to potentially deny those who declare for the draft the opportunity to play in the NFL based on concussions sustained while not playing in the NFL. Perhaps college football programs (high school football programs) should enquire whether incoming players suffered concussions playing in high school (Pop Warner)? Maybe Pop Warner programs should ask the child's guardian/parents/friends if they suffered any concussions prior to joining their local team?

A number of NFL players suffer ACL/MCL tears and heat exhaustion (especially during otas). Maybe the NFL should have the option of denying those who had previously suffered ACL/MCL tears or get too hot from two-a-days from playing in the league?

How did he get screwed? He got hurt, as have thousands before him, playing, presumably of his own free will, a violent, dangerous game. That's not to say he wasn't given questionable medical advice, or that Riddell, the team or the league weren't culpable in disclosing the risks at some point but it's hard for me to see how letting him enter the draft was a tortious act.

I'm glad to see this. Not because I believe the NFL is liable (maybe somewhat), but that the entire culture of the NFL needs to be changed. Too many selfish promoters and scouts are pumping kids up to play when they know it's wrong.

Look at Best. Look at the current parade of mediocre-at-best Cal players being told by someone they can make it in the NFL. Do the promoters care if 90% of these kids fail and/or end up with life-altering injuries? Does the NFL? No, they just bring in more fodder and play the numbers. Should those of us who do care about people and not just NFL dollars for rich owners and advertisers push back against this cr*p from the NFL? I think we should.

If this issue over injuries allows us to begin to break the cycle of feeding the NFL beast, which has sucked in tax dollars from far too many cities and turned college football into a joke, then I'm all for it.

Personally, I despise the NFL. The games are boring, the teams are just mercenaries. The players don't even give a sh*t, and I sure as hell couldn't care less about any of those "teams" that are just business organizations for stupid rich guys. Professional football is a complete joke and as lame, boring and fake as professional wrestling.

So if guys like Best suing these idiots helps to bring the game of football back to the NFL and college "football," I'm all for it! Gotta start somewhere.

BeachyBear;842272846 said:

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Look at the current parade of mediocre-at-best Cal players being told by someone they can make it in the NFL.

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I see this as a separate issue, but much more significant, at least I assume so.


I imagine far more individuals are irreparably harmed by the culture of "NLF lite" around college football than any injuries. (R. White is an example of a guy who was able to overcome and graduate, as an example of a good outcome). They avoid class, do the minimum to get by, work their ass off for 4 years in the spotlight, and get out unable to read.

The costs to individuals due to abandoned or avoided academic opportunity alone must be huge.

I just watched the Frontline documentary League of Denial, as was recommended. The funny thought was this:
All these retired football players are wanting to get money from the NFL to pay for medical insurance, at the very least. But also, if they prove their case TOO strongly that football causes these brain injuries, then NOBODY will play football anymore and the revenue source that would provide money to pay for their medical insurance will dry up.

So, the veterans who say their entire lives have been ruined by football NEED football to continue, thus injuring future players. It's an odd arrangement!

I think they simply need to completely redesign the helmet. Don't know how you do that, but I'd start by putting shock sensors built into the helmet. Allow for there to be a shock-force accumulation maximum figure to be set, and whether a player reaches that on 1 play or on 50, once the sensor reaches that limit, they are done for the day. Surely, defensive players would work to increase that number by giving head slaps and such, and so that would need to be thought out, but you sure as heck would see players avoiding contact a lot more! More Barry Sanders duck-the-pile and less Earl Campbell. More arm tackling, too, which would make for more broken tackles, and thus more exciting plays. More scoring. Put sensors on players arms/hands such that if their hands caused the shock to an opponents helmet their max impact number is also equally affected.

Basically, find a way to use technology to alter player behavior. We can't go back to pre-helmet days. But we can find a way to penalize spearing behavior. And it wouldn't be the arbitrary zebra making the judgment. Each player would have control of their helmet and thus their accumulated impact number.

I'm curious to know how you see this or any similar action eradicating the ills you see in professional football. How is it going to change it from being a business controlled by "robber baron" owners? How will it eliminate the sleazy promoters and agents? And do you really believe starry eyed young men are "lured" into the NFL by unscrupulous hustlers? Most (players) get the call at a very young age, probably in Pop Warner, and focus on getting to the league the rest of the way through HS and college. The ones who give up the dream are most likely those who simply don't have enough ability to further delude themselves or, like Gabe King (a minority IMO), lose their taste for the game. There are certainly many things wrong with the NFL, a goodly share the fault of the players themselves. Almost none will be corrected because of this suit or others like it.

okaydo;842271399 said:

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http://profootballtalk.nbcsports.com/2014/01/28/jahvid-best-suing-nfl-over-concussions/

http://www.freep.com/article/20140128/SPORTS01/301280106/

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Now, what if the NFL had [U]refused[/U] to allow Jahvid to enter the Draft? Would Jahvid have sued the NFL to [U]allow[/U] him to enter the Draft? Or would he have just stayed at Cal for his final year? He was pretty gung ho on moving on to the NFL.

I'm both a diehard Cal fan and Detroit Lions fan (yes, a long-suffering Lions fan), and thus a big fan of Jahvid, but I find all this really disturbing. Since his career was cut short, suing the NFL may provide another avenue to make some money, sad as it is.

Sensors need to be in helmets of all tackle football players. There will be bickering about what forces and their quantity necessitate removing a player from a game. But as it is right now, we have virtually zero data on the forces acting on football players' skulls & brains throughout their careers. To make any sort of forward progress, this data is crucial.

As to Best's lawsuit, I think it's bogus. It would be one thing if he spent a long, punishing career playing for the NFL and THEN was diagnosed with severe brain trauma. But as it was, he suffered as many documented injuries in college as in the NFL. And given the violence of the game, one can fairly conclude he suffered many more undocumented/undiagnosed brain trauma in his years before entering the NFL.

I hate to see a great alum attempt a lawsuit of this nature. Sleezy and lame. Just going after deep pockets. If anything, the NFL has a case to counter sue him - he was damaged goods and didn't live up to his end of the bargain by providing the league with a solid player from which to market and profit.

Jahvid, just drop it already. Get a good job as a coach and move on (hopefully at Cal). Be glad you didn't play for years in the NFL and really suffer irreversible injury.