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, )

(a)

Failure to use reasonable care in the research ofthe
concussions issue;

(b)

Failure to use reasonable care in responding to independent
scientific studies on the risk of concussions and brain disease in
sport, and in football in particular;

(c) Failure to use reasonable care in denying the scientific
evidence connecting NFL play to the risk of an occurence of brain
disease;

(d)

Failure to use reasonable care in appointing competent and
independent doctors and scientists to the MTBI Committee; and

(e)

Failure to use reasonable care in protecting Plaintiffs from
the risk of brain disease and the sequelae of the concussions
experienced by Plaintifß.

223.

Plaintifß relied on the Defendants' misrepresentations (including

affrrmative misrepresentation and omissions) detailed herein to their detriment.

224.

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.

225.
and directions to

The NFL failed to provide complete, current, and competent information

NFL athletic trainers, physicians, and coaches regarding concussive brain

injuries and its prevention, symptoms, and treatment.

226.

If

the NFL would have taken the necessary steps to oversee and protect the

NFL players, including Plaintiffs, by developing and implementing necessary guidelines,
policies, and procedures; providing reasonably safe helmets; and educating and training all
persons involved with the NFL clubs in the recognition, prevention, and treatment of concussive

brain injuries, the NFL players, such as Plaintiffs, would not have suffered from the subject

condition or the effects of that condition, would have recovered more rapidly, or would not have

91

suffered long-term brain damage, including CTE, MCI, Alzheimer's disease or similar cognitive-

impairing condition.

227.

Under all of the above circumstances, it was foreseeable that the NFL's

violations of its duties would cause or substantially contribute to personal injuries suffered by the
Plaintiffs.

228.

The NFL committed acts of omission and commission, which collectively

and severally, constituted negligence. The League's negligence was a proximate and producing
cause of injuries suffered by Plaintiffs.

229.

In addition to the injuries suffered by Plaintiffs described herein,

defendants' negligent conduct caused or contributed to the personal injuries ofthe individual
named plaintiffs including neurodegenerative disorders and diseases including but not limited to

CTE, MCI, Alzheimer's disease or similar cognitive-impairing conditions, past and future
medical expenses, past and future loss of eamings, past and future emotional distress, and
punitive damages.

230.

As a result of the injuries of Plaintiffs, they are entitled to damages, as

alleged herein or allowed by law.

COUNT III
Action For Fraud

231.

Plaintiffs repeat and reallege each of the allegations contained in the

foregoing paragraphs.

232.

Until June of 2010, the NFL, through its MTBI Committee, the statements

and actions of its Commissioner and its other agents and employees, made material

misrepresentations (and omissions) to its players, former players, the Congress and the public at

92

large that there was no link between concussions and brain injury, including CTE, MCI,

Alzheimer'

s disease

or similar cognitive-impairing conditions.

233.

The persons who made the misrepresentations as agents of the NFL and

the NFL knew the statements were false.

234.

The persons who made the misrepresentations as agents of the NFL and

the NFL intended to defraud the Plaintiffs.

235.

The Plaintiffs justifiably relied on these misrepresentations to their

detriment in getting care for their injuries.

236.

The Plaintiffs were damaged by these misrepresentations.

237.

In addition to the injuries suffered by Plaintiffs described herein,

defendants' fraudulent conduct caused or contributed to the personal injuries ofthe individual
named plaintiffs including neurodegenerative disorders and diseases including by not limited to

CTE, MCI, Alzheimer's disease or similar cognitive-impairing conditions, past and future
medical expenses, past and future loss of eamings, past and future emotional distress, and
punitive damages.

238.

As a result of the injuries of Plaintiffs, they are entitled to the damages,

alleged herein or allowed by law.

COUNT IV
Fraudulent Concealment

239.

Plaintiffs repeat and allege each of the allegations contained in the

foregoing paragraphs.

240.

Defendants 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 play, over the time period relevant to this Complaint.
93

as

241.

At no time prior to June 2010 did Defendants correct their

misrepresentations. Even after June 2010, Defendants have failed to adequately advise Plaintiffs
and the public of these risks.

242.

Defendants knew their statements in regard to concussions and medical

risks were false, and they knew the Plaintiffs would specifically rely on these statements.

243.

In addition to the injuries suffered by Plaintiffs described herein,

Defendants' negligent conduct caused or contributed to the personal injuries of the Plaintiffs

including neurodegenerative disorders and diseases including but not limited to CTE, MCI,

Alzheimer's disease or similar cognitive-impairing conditions, past and future medical expenses,
past and future loss of earnings, past and future emotional distress, and punitive damages

244.

As a result of the injuries of Plaintiffs, they are entitled to the damages,

as

alleged herein or allowed by law.

COUNT V
Action for Loss of Consortium

245.

Plaintifß repeat and reallege each of the allegations contained in the

foregoing paragraphs.

246.

Spouses of Plaintiffs have suffered damages in the past and

will suffer

damages in the future as a direct result of the injuries described above.

247.

Spouses of

Plaintiffs seek to recover for past and future loss of consortium

and other harm to their relationship and marriage.

248.

As a result of the injuries of Plaintiffs, spouses of Plaintifß are entitled to

the damages, as alleged herein or allowed by law.

94

PRAYER FOR RELIEF
WFIEREI'ORFI, Plaintitß pray fbr judgment with respcct to their Cornplaint

as

tbllows:
I

ro 28 U.S.C.

{

.

With respect to Count I, granting the declaratory relief requested pursuant

2201;

2.

With respect to Counts II through V, granting compensatory and punirive

damages rvhere applicablc;

3.

With respect to all counts. arvarding Plaintiflb their costs ancl

disbursements in this action, including reasonablc attomeys' t'ees, to the extent permitted by law;

4.

With respect to all counts, granting Plaintifß such other and lurther relicf

as ¡nay be appropriate.

DEMAND FOR JURY TRIAL
Plaintifï's demand a trial hy jury on all matters so triable.
Dated: January

? ,rln

Respectlìrlly

itted,

St¡b¡rr

Brent W. Landau (PA # 2021E9)
Jeannine Kenney (PA # 307635)
¡.IAUSFELD LLP
1604 l.ocust Strcct
Second Irloor
Philadelphia, PA 19103
Telephone: [phone]
l;acsirnile: (2 I 5) 985-327 I
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Michael D. Flausfeld
Richard Lewis
Janles Pizzirr¡sso

TTAUSFELD LLP
1700 K Street Nrrl/, Su¡rc 650
Washington, DC ?0006
Telephone: [phone]
Facsimi le: (202\ 5 40-7?0 I
95

mhausfe [e-mail]

rlewi [e-mail]
[e-mail]

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Michael P. Lehmann
Jon T. King
ArthurN. Bailey, Jr.

HAUSFELD LLP
44 Montgomery Street
suite 3400
San Francisco, CA 94rc4
Telephone: [phone]
Facsimile: (41 5) 358-4980
[e-mail]

[e-mail]
[e-mail]

j

Thomas V. Girardi

GIRARDI KEESE
I 126 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: [phone] I
Facsimile: Q13) 481-1554
tgirardi@ girardikeese.com

Martin H. Weisfuse
WEISFUSE & WEISFUSE, LLP
420Lexing[on Avenue
Room 2328
New Yorþ NY 10170
[e-mail]
Attorneysfor Plaintffi

96