BOYD et al v. NATIONAL FOOTBALL LEAGUE et al

Filing 1

COMPLAINT against NATIONAL FOOTBALL LEAGUE, NFL PROPERTIES LLC ( Filing fee $ 350 receipt number 055871.), filed by MACARTHUR LANE, MARK COOPER, BRAD JACKSON, ROBERT BELL, CHARLES ANTHONY, CLIFF HARRIS, MARVIN WOODSON, PAUL KRAUSE, NOEL JENKE, CHARLES MYRTLE, CEDRICK HARDMAN, BRUCE LAIRD, JOE DELAMIELLEURE, DON HORN, DENNIS HARRAH, JAMES WILLIAMS, MARK KONAR, TOMMY NOBIS, JAMES JONES, CALVIN JACKSON, TROY JOHNSON, MICHAEL MORTON, PETER LAZETICH, CALEB MILLER, JOSEPH KAPP, MICHAEL WEDDINGTON, HARVEY ARMSTRONG, DERLAND MOORE, MICHAEL MERRIWEATHER, JAMES HARRELL, AARON JONES, II, KENNETH EASLEY, JR, ESTATE OF GREGORY LENS, RICK SANFORD, WILLIAM "BILLY&quo SHIELDS, GARY PADJEN, CHARLES KRUEGER, PHIL VILLAPIANO, KEN FANTETTI, DONNIE GREEN, LEON "RAY" JARVIS, EDWARD WHITE, JOE FERGUSON, JR, LARRY WOODS, DONALD MACEK, JEFF BARNES, CHARLIE SMITH, LEE FOLKINS, DERRICK GAFFNEY, AUGUST "GUS" OTTO, PHILLIP FREEMAN, III, OLRICK JOHNSON, JR, WILLIE GREEN, JAMES HOUGH, CHARLEY HARRAWAY, THOMAS BEER, JAMES GARCIA, FRED FORSBERG, TERRANCE "TERRY&quo METCALF, BOBBY HARDEN, JR, DENNIS MCKNIGHT, ALFRED GROSS, GENE LANG, LEMUEL BARNEY, BRENT BOYD, DELLES HOWELL, JERRY ROBINSON, WILLIAM "BILL" CODY, VICTOR HICKS, ARTHUR STILL, REGINALD CLARK, CRAIG CURRY, DONALD MANOUKIAN, MARK NICHOLS, JEFF MCINTYRE, DAVID RECHER, LEONARD "BUBBA&quo MCDOWELL, JR, MIKE WOOD, TERRY OWENS, CLARENCE VERDIN, BRYAN STOLENBERG, ROD MARTIN, ROBERT KROLL, KEITH NORD, MICHAEL "TONY" DAVIS, CONRAD DOBLER, MELVIN CARVER, MIKE AUGUSTYNIAK, TRUMAINE JOHNSON, FRED SMERLAS, RANDY RAGON, MARGENE ADKINS, NEAL CRAIG, WILLIAM "BILLY&quo TRUAX, KORY MINOR, J. BRUCE JARVIS, LIONEL ANTOINE, STEVE JONES, PETER CRONAN, IRA MATTHEWS, III, MARK COTNEY, JEFFREY WALKER, MERVIN KRAKAU, JON MELANDER, LARRY WEBSTER, FRED ANDERSON. (Attachments: # 1 complaint, # 2 complaint, # 3 complaint, # 4 complaint, # 5 complaint, # 6 complaint, # 7 complaint, # 8 complaint, # 9 complaint, # 10 complaint, # 11 complaint, # 12 complaint, # 13 complaint, # 14 complaint, # 15 complaint, # 16 complaint, # 17 complaint, # 18 complaint, # 19 Civil Cover Sheet)(mima, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRENT BOYD, MARGENE ADKINS, FRED
ANDERSON, CHARLES ANTHONY,
LIONEL ANTOINE, HARVEY
ARMSTRONG, MIKE AUGUSTYNIAK,
JEFF BARNES, LEMUEL BARNEY,
THOMAS BEER, ROBERT BELL, MELVIN
CARVER, REGINALD CLARK, WILLIAM
..BILL'' CODY, MARK COOPER, MARK
COTNEY, NEAL CRAIG, PETER CRONAN,
CRAIG CURRY, MICHAEL "TONY''
DAVIS, JOE DELAMIELLEURE, CONRAD
DOBLER, KENNETH EASLEY, JR., KEN
FANTETTI, LEE FOLKINS, FRED
FORSBERG, PHILLIP FREEMAN III, JOE
FERGUSON, JR., DERzuCK GAFFNEY,
JAMES GARCIA, DONNIE GREEN,
WILLIE GREEN, ALFRED GROSS, BOBBY
HARDEN, JR., CEDRICK HARDMAN,
DENNIS HARRAH, CHARLEY
HARRAWAY, JAMES HARRELL, CLIFF
HARRIS, VICTOR HICKS, DON HORN,
JAMES HOUGH, DELLES HOV/ELL, BRAD
JACKSON, CALVIN JACKSON, J. BRUCE
JARVIS, LEON 66RAY'' JARVIS, NOEL
JENKE, OLRICK JOHNSON, JR., TROY
JOHNSON, TRUMAINE JOHNSON,
AARON JONES II, JAMES JONES, STEVE
JONES, JOSEPH KAPP, MARK KONAR,
MERVIN KRAKAU, PAUL KRAUSE,
ROBERT KROLL, CHARLES KRUEGER,
BRUCE LAIRD, MACARTHUR LANE,
GENE LANG, PETER LAZETICH. ESTATE
OF GREGORY LENS, DONALD MACEK,
DONALD MANOUKIAN, ROD MARTIN,
IRA MATTHEWS III, LEONARD "BUBBA"
MCDOWELL JR., JEFF MCINTYRE,
DENNIS MCKNIGHT, JON MELANDER,
MICHAEL MERRIWEATHER, TERRANCE
OOTERRY"
METCALF, CALEB MILLER,
KORY MINOR, DERLAND MOORE,
MICHAEL MORTON, CHARLES MYRTLE,
MARK NICHOLS, TOMMY NOBIS, KEITH
NORD, AUGUST O'GIJS'' OTTO, TERRY
OWENS, GARY PADJEN, RANDY RAGON,
DAVID RECHER, JERRY ROBINSON,
RICK SANFORD, WILLIAM "BILLY''
SHIELDS, FRED SMERLAS, CHARLIE
SMITH, ARTHUR STILL, BRYAN
STOLTENBERG. WILLIAM "BILLY''

CryIL ACTION NO.

COMPLAINT

JURY TRIAL DEMANDED

TRUAX, CLARENCE
VILLAPIANO, JEFFREY WALKER,
LARRY WEBSTER, MICHAEL
WEDDINGTON, EDWARD WHITE, JAMES
WILLIAMS, MIKE WOOD, LARRY
WOODS, MARVIN WOODSON,
PLAINTITX'S,
V.

NATIONAL FOOTBALL LEAGUE, and NFt
PROPERTIES LLC,
DET'ENDANTS.

TABLE OF CONTENTS

TNTRODUCTTON
JUzuSDICTION AND V8NU8............
THE PARTIES ...........
MASS ACTION AND JOINDER ALLEGATIONS
NATURE OF NFL'S BUSINESS
FACTUAL ALLEGATIONS
A.

..................1
.........1

.............,37
,..,...37
..............40

The Scientific Evidence On Concussions And Head Injuries And The NFL's Responses
To
......................40

It.

B. Riddell's Participation With

Impacts.....

C.

...............1

The

NFL's Retirement Plan And Other Benefit Plans For Retired NFL Players And How

They Are

couNT

The NFL In Misrepresenting The Risk Of Repeated Head
..............82

Inadequate

I................

Action For Declaratory Relief

couNT

................83
...........89

.

rI...............

Action For

Negligence..........

III..............
Action For Fraud..
coLrNT IV.............
couNT

Fraudulent

couNT v

Concealment..............

..............

Consortium...........
PRAYER FOR RELrEF............
DEMAND FOR JURY TRIAL
Action for Loss of

..................89
...........89

.....................89
...........92
....................92
...........93
..............93
...........94
.......94
..........95
...........95

INTRODUCTION

1.

This action is brought to seek declaratory relief and damages related to the

Defendants' tortious misconduct and voluntary undertaking with regard to the health effects of
repeated head impacts, and the injuries consequently suffered by the Plaintiffs who are former

National Football League ("NFL" or "League") players. The injuries include sequelae of the
concussions and repeated head impacts suffered by the Plaintifß during their play in the NFL,

including traumatic brain injuries and latent neurodegenerative disorders and diseases. The
allegations herein, except as to the Plaintiffs themselves, are based on information and belief.

JURISDICTION AND VENUE

2.

Jurisdiction is based on 28 U.S.C. $ 1332(a)(1), and (b); and 28 U.S.C.

$

1332(dX11). All of the Plaintiffs and all of the Defendants are citizens of different states. The
amount in controversy exceeds $75,000.00, exclusive of interest and costs, for each Plaintiff.
The amount in controversy for all Plaintiffs in this mass action exceeds $5,000,000.00, exclusive

of interest and costs. This matter can be tried jointly in that the Plaintiffs' claims involve
common questions of law or fact.

3.

This Court has personal jurisdiction over the Defendants because they

have substantial and continuous business contacts in the Commonwealth of Pennsylvania.

4.
l39l(b)(2),

Venue is proper pursuant to 28 U.S.C. g 1391(a)(2), and 28 U.S.C.

$

as a substantial part of the events and omissions giving rise to the claims occurred

in

this judicial district.

THE PARTIES

5.

Plaintiff Brent Boyd ("Boyd") is 54 years old and he resides with his wife

in Reno, Nevada. He was anNFL offensive guard who played with the Minnesota Vikings

(1980-86). He has been diagnosed with Chronic Traumatic Encephalopathy ("CTE"). Boyd was
one of a handful of former NFL players who testified before the Judiciary Subcommittee of the

United States House of Representatives on June 26,2007, concerning concussions in the NFL.
He founded the NFL retired player advocacy group Dignity After Football. Boyd suffered
repeated and chronic head impacts during his career in the NFL and as a result, has experienced

cognitive difficulties including, but not limited to CTE, headaches, dizziness, loss of memory,
suicidal thoughts, fatigue, depression, temporary blindness, and vertigo.

6.

Plaintiff Margene Adkins ("Adkins") is 64 years old and resides with his

wife in Fort Worth, Texas. He was an NFL wide receiver for the Dallas Cowboys (1970-71),the
New Orleans Saints (1972), and the New York Jets (1973). Adkins suffered repeated and
chronic head impacts during his career in the NFL and is at an increased risk of latent brain
disease. As a result, Adkins has experienced cognitive difficulties including, but not limited to
headaches, dizziness, and loss of memory.

7.

Plaintiff Fred Anderson ("Anderson") is 56 years old and resides with his

wife in Kirkland, Washington. He was an NFL defensive end for the Pittsburgh Steelers (197579), and the Seattle Seahawks (1980-82). Anderson suffered repeated and chronic head impacts
during his career in the NFL and is at an increased risk of latent brain disease. As a result,
Anderson has experienced cognitive difficulties including, but not limited to headaches,
dizziness, loss of memory, impulse control problems, depression, suicidal thoughts, fatigue,
sleep problems,

irritability, neck and cervical arthritis and associated numbness/tingling.

8.

Plaintiff Charles Anthony ("Anthony") is 59 years old and resides in

Fremont, California. He was an NFL line backer for the San Diego Chargers (1974). Anthony
suffered repeated and chronic head impacts during his career in the NFL and is at an increased

risk of latent brain disease. As a result, Anthony has experienced cognitive difficulties
including, but not limited to headaches, dizziness, loss of memory, dementia, depression, fatigue,
sleep problems,

irritability, neck and cervical arthritis and associated numbness/tingling.

9.

Plaintiff Lionel Antoine ("Antoine") is 61 years old and resides in Biloxi,

Mississippi. He was an NFL offensive tackle for the Chicago Bears (1972-78). Antoine suffered
repeated and chronic head impacts during his career in the NFL and is at an increased risk

of

latent brain disease. As a result, Antoine has experienced cognitive diffrculties including, but not

limited to headaches, dizziness, loss of memory, depression, suicidal thoughts, sleep problems,

initability, neck and cervical arthritis and associated numbness/tingling.

10.

Plaintiff Harvey Armstrong ("Armstrong") is 5l years old and resides in

Norcross, Georgia. He was an NFL nose tackle who played for the Philadelphia Eagles (198284), and the Indianapolis Colts (1986-90). Armstrong suffered repeated and chronic head
impacts during his career in the NFL and is at an increased risk of latent brain disease. As a
result, Armstrong has experienced cognitive difficulties including, but not limited to headaches,

dizziness,loss of memory, impulse control problems, neurological disorder, depression, suicidal
thoughts, fatigue, sleep problems, irritability, neck and cervical spine arthritis and associated
numbness/tingling.

11.
St. Johns,

Plaintiff Mike Augustyniak ("Augustyniak") is 55 years old and resides in

Florida. He was

an

NFL running back who played for the New Orleans Saints (1980),

and the New York Jets (1981-84). Augustyniak suffered repeated and chronic head impacts

during his career in the NFL and is at an increased risk of latent brain disease. As a result,

Augustyniak has experienced cognitive difficulties including, but not limited to headaches,