NFLPA Files Notice of Appeal in Retired Players Group Licensing Lawsuit

Posted February 3rd, 2009 by RetiredPlayers

As expected, the NFLPA has filed a notice of appeal regarding the recent award of $28.1 million to retired players.  A jury awarded the money after they found that the union had breached its’ fiduciary duty to retired players who signed a group licensing agreement from February 14, 2004 to February 14,2007.

The NFLPA states that issues to be raised on appeal are:

Whether the jury’s fiduciary duty damages award was based on sufficient and proper evidence; whether the district court committed reversible instructional and evidentiary errors; whether the district court erred in certifying — and denying Defendants’ motion to decertify — the GLA Class; whether there was sufficient evidence to support the jury’s $21 million punitive damages award; whether there was sufficient evidence that Defendants owed a fiduciary duty to the GLA Class.  

The notice of appeal comes just days after the NFLPA’s outside counsel, Jeffrey Kessler, told The New York Times that active and retired players should unite. 

“I’d like to see retired players and active players come together,” Kessler said. “I’m sure that’s going to be on the table with the new executive director, whoever that new executive director is.”

Perhaps those words will ring true with the NFLPA’s next Executive Director.  A jury of ten saw things differently than the current union administration.  It took less than three weeks of testimony for the jury to reach their unanimous verdict.

You can view a copy of the notice of appeal by clicking HERE.

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