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

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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

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

Will Redskins Franchise
Have to Retire Name?   16


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