About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Prof. Sports & L. 1 (2013-2014)

handle is hein.journals/profsptla4 and id is 1 raw text is: Route To: / / PROFESSIONAL SI March-April 2013 . Volume 4, Issue 1 and the Federal Judge, Once Again, Thwarts Football Player's Claim Against Titans federal judge from the Middle District Of Tennessee has dismissed the argu- ment of a former player, who sought inter- vention from the court, after an arbitration ruling, on whether Tennessee Football, Inc., i.e. the Tennessee Titans, committed the torts of outrageous conduct and negligent and/or intentional infliction of physical and emotional injury, and performed its contractual obligations to (him) in bad faith bywithholding certain medical information regarding (his) knee. The court, which in 2010 had referred the same argument to the arbitration process as spelled out by the Collective Bargaining Agreement(CBA) between the National Football League and its players, found in the latest instance that the arbitrator acted appropriately when it found that the plain- tiff raised the issue of violation of Article XLIV of the CBA for the first time in his post-hearing brief, meaning that issue was beyond the scope of the grievance. In the events leading up to the lawsuit, plaintiff David L. Givens alleged that he signed a five-year contract with the defendant on ora bout March 14, 2006. The plaintiff further alleged that at or about the time the contract was being negotiated, he un- derwent a complete physical examination to determine his fitness to engage in profes- sional football and to determine his capacity to fulfill the terms of the proposed contract. The physical examination, according to the plaintiff, was performed by an orthopedic See Federal Judge on Page 2 Who's Going to Pay the Bills? The Insurance Side of the NFL's Concussion Litigation By Scott A. AndresenI hile most of the public's attention is on the 4,127 named player- plaintiffs in the National Football League's 214 concussion-related lawsuits (as of February 22, 2013)2, a less-publicized East Coast-West Coast battle the likes ofwhich have not been seen since Biggie Smalls and Tupac Shakur is currently playing itself out in the state courts of New York and Cali- 1 Research assistance provided by Stephanie Horner, Marquette University Law School 2 Source: NFLConcussionLitigation.com fornia. The battle is over who is going to pay the NFL's' costs for litigation expenses and any damages incurred in connection with theNFL's aforementioned concussion litigations. The NFL's Multidistrict Concussion Litigation: What's at Stake? On January 31, 2012, the United States See The Insurance on Page 13 3 For purposes of this article, NFL shall in- clude the National Football League and NFL Properties Will Redskins Franchise Have to Retire Name? 16 COPYRIGHT 2013 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most