EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 34

Copy Re: Documents (Notice of Related Actions, Exhibits in Hard Copy) Filed Before the Judicial Panel on Multidistrict Litigation Regarding MDL 2323. (tjd)

BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

IN RE: NATIONAL FOOTBALL
LEAGUE PLAYERS' CONCUSSION
INJURY

MDL DOCKET NO. 2323

NOTICE OF RELATED ACTIONS
TO THE CLERK OF THE PANEL:
Defendant National Football League ("NFL") hereby notifies the Clerk of
the Judicial Panel on Multidistrict Litigation (the "Panel") of the following four related
actions (the "Related Actions") in which the NFL has been named as a defendant:
(l)

Rucker. et al. v. National Football League. et al., Case No. ll-cv­

09538-RJH (S.D.N.Y., filed Dec. 27, 2011) (the "Rucker Action"). The case has been
assigned to the Honorable Richard 1. Holwell. True and correct copies of the docket and
plaintiffs' complaint filed in this action are attached hereto as Exhibit A.

(2)

Austin. et al. v. National Football League. et aI., 12-cv-00075-SCJ

(N.D. Ga., Atlanta Div., filed Jan. 9, 2012) (the "Austin Action"). The case has been
assigned to the Honorable Steve C. Jones. True and correct copies of the docket and
plaintiffs' complaint filed in this action are attached hereto as Exhibit B.
(3)

Droneft v. National Football League, et al.. Case No. 12-cv­

00076-MHS (N.D. Ga.. Atlanta Div .. i1led Jan. 9. 2012) (the "Dronefl Action"). The
case has been assigned to the Honorable Marvin II. Shoob. True and correct copies
the docket and plaintiffs complaint tiled in this action are attached hereto as Exhibit C.

or

(4)

Boyd, et al. v. National Football League, et aI., Case No. 12-cv­

00092-AB (E.O. Pa., filed Jan. 9, 2012) (the "Boyd Action"). The case has been assigned
to the Honorable Anita B. Brody. True and correct copies of the docket and plaintiffs'
complaint filed in this action are attached hereto as Exhibit O.
In addition, a Revised Schedule of Actions that reflects these related
actions is attached hereto as Exhibit E.
The Related Actions involve the same common questions of fact as the
eleven actions that are the subject of the NFL's pending Motion for Transfer and
Coordination or Consolidation Pursuant to 28 U.S.c. § 1407. submitted to the Panel on
November 15,2011. 1 (Okt. No. I.) The complaints in the Related Actions, like the

Maxwell, Pear, Barnes, Easterling, Finn, Jacobs, Levens, Lewis, Kuykendall, Stewart,
and Jones complaints, assert claims premised on negligence and fraud arising out of
concussions and head injuries allegedly suffered by plaintiffs during their professional
football careers. For example, plaintiffs in the Related Actions, like plaintiffs in the other

The eleven actions that are the subject of the NFL's pending motion are: Maxwell, et
al. v. National Football League, No. II-cv-08394 (C.D. Cal., Western Div.) (Hon.
Manuel L. Real); Pear, et al. v. National Football League, No. lI-cv-08395 (CD.
Cal., Western Div.) (Hon. Manuel L. Real); Barnes, et al. v. National Football
League. ll-cv-08396 (CD. CaL, Western Div.) (Hon. Manuel L. Real); Easterling v.
National Football League, No. I I -cv-05209 (ED. Pa.) (Hon. Anita B. Brody); Finn.
e/ al. v. National Football League. lI-cv-07067-JLL-MAH (D.N.J.) (Hon. Jose L.
Linares); .Iacobs, et al. v. National Football League, et aL II-cv-09345-RJH
(S.D.N.Y.) (Hon. Richard J. tlolwell); Levens v. National Football League. el al .. 11­
CV-04448-RWS (N.D. Ga.. Atlanta Div.) (Hon. Richard W. Story): Lewis v. National
Football League. et (//.. II-cY-04451-AT (N.D. Ga .. Atlanta Diy.) (Hon. Amy
Totenberg): KlIykendall. et
v. Nationol Football League. et
I l-cv-4450- WSD
(N.D. Ga.. Atlanta Div.) (Hon. William S. Duffey. Jr.): ,)'tell·urt. et al. y. National
Football Leaglle. el (fl.. II-cy-04449-CAP (N.D. Ga .. Atlanta Diy.) (Hon. Charles A.
PannelL Jr.); and .Iones. el al. y. National Football League. II-cy-24594-JEM (S.D.
Fl.. Miami Diy.) (Hon. Jose E. Martinez).

or

or.

2

eleven actions, allege that the NFL owed a duty to its players regarding their health and
safety:
• Rucker: "By enacting rules to protect the health and safety of its players, the
NFL has repeatedly confinned its duty to take reasonable and prudent actions
to protect the health and safety of its players when known and foreseeable
risks exist." (Ex. A, Compi. ~1 115.)
• Austin: "[The NFL], as purveyors of safety rules for the League, owed
plaintiffs a duty to use reasonable care in researching, studying and/or
examining the dangers and risks of head injuries and/or concussions to NFL
players...." (Ex. B, Com pI. IT 247.)
• Dronett: "[The NFL], as purveyors of safety rules for the League, owed
Shane Dronett a duty to use reasonable care in researching, studying and/or
examining the dangers and risks of head injuries and/or concussions to NFL
players... :' (Ex. C, Compi. IT 98.)
• Boyd: "By enacting rules to protect the health and safety of its players, the
NFL has repeatedly confinned its duty to take reasonable and prudent actions
to protect the health and safety of its players when known and foreseeable
risks exist." (Ex. D, CampI.'; 218.)

Plaintiffs in the Related Actions similarly allege that the NFL breached
this duty by failing to minimize the risk of head injuries and/or concussions:
• Rucker: "The NFL breached its assumed duty to protect the health and safety
of its players by subjecting NFL players to an increased risk of concussion."
(Ex. A., Compi. ,; 120.)
• Austin: ',[The NFL failed] to use reasonable care in overseeing, controlling
and/or regulating policies and procedures of the league so as to minimize the
risk of head injuries and/or concussions:' (Ex. B, Compi. ~; 254.)
• Dronett: "[The NFL failed] to use reasonable care in overseeing, controlling
and/or regulating policies and procedures of the league so as to minimize the
risk of head injuries and/or concussions." (Ex. C. Compi. IT 105,)
• Boyd: "The NFL breached its assumed duty to protect the health and safety of
its players by subjecting NFL players to an increased risk of concussive brain
injury." (Ex. D. Compl. t 224.)

Plaintiffs in the Related Actions also allege that the NFL purportedly
knew that head injuries cause long-term cognitive deficits, yet concealed this alleged link
from plaintiffs by, among other things, disputing academic studies purporting to establish
the link:
•

Rucker: "[M]aterial misrepresentations also included [the NFL's] criticism of
legitimate scientific studies that illustrated the dangers and risks of head
injuries"; the NFL "made these misrepresentations and actively concealed
adverse information at a time when [it] knew, or should have known ... that
Plaintiffs faced health problems ifhe [sic] were to return to a game too soon."
(Ex. A, Compl. ~~ 133-34.)

•

Austin: "[The NFL] disregard[ed] independent scientific studies which
showed the risks of head injuries and/or concussions to NFL players' health,"
and "fail(ed] to acknowledge, either publically or to their players, the clear
link between concussions and brain injuries." (Ex. B, CompJ. ~ 254.)

•

Dronett: "[The NFL] disregard[ed] independent scientific studies which
showed the risks of head injuries and/or concussions to NFL players' health,"
and "fail[ed] to acknowledge, either publically or to their players, the clear
link between concussions and brain injuries." (Ex. C, Compl. ~ 105.)

• Boyd: "[The NFL] and their MTBI Committee concealed and misrepresented
information to the Plaintiffs and the public regarding the brain disease risks of
repeated head impacts and concussions in NFL, over the time period relevant
to this complaint." (Ex. D, Compl. ~ 240.)

Consolidation or coordination of the Related Actions with the other eleven
cases listed on the Revised Schedule of Actions would prevent duplicative discovery and
inconsistent pre-trial rulings, conserve judicial resources, reduce the cost of litigation, and
allow the cases to proceed more efficiently at triaL

4

Dated: New York, New York
January 11,2012
Respectfully submitted,
/s/ Brad S. Karp
Brad S. Karp
Theodore V. Wells, Jr.
Bruce Birenboim
Beth A. Wilkinson
Lynn B. Bayard
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
1285 A venue of the Americas
New York, NY 10019-6064
[phone]

Attorneys/or National Football League

5

CERTIFICATE OF SERVICE

I, Brad S. Karp, hereby certify that on January 11,2012, a true and correct
copy of the NFL's NOTICE OF RELATED ACTIONS was filed via CM/ECF, which
caused notice to be sent to all counsel of record.
Dated: January 11,2012

By:

/sl Brad S. Karp