NFL Helmet Maker Mediation

Last month, before the start of the NFL regular season, thousands of former players settled with the National Football League over concussion-related suits for $765 million. However, the apparent amicable resolution to their case doesn’t mean litigation is over. NFL helmet manufacturer Riddell and former players are continuing talks because the deal doesn’t include Riddell. While those negotiations remain confidential by order of the federal judge to "refrain from publicly discussing the mediation process or disclosing any discussions they may have as part of that process,” the proposed settlement between the NFL and some 4,500 former players awaits court approval and a determination on fees. In a prior order, the presiding judge, Hon. Anita Brody, expressed her belief that "the interests of all parties would be best served by a negotiated resolution of this case. The settlement holds the prospect of avoiding lengthy, expensive and uncertain litigation, and of enhancing the game of football.” Riddell may remain exposed following a state jury verdict this year in Colorado, determining that Riddell failed to adequately warn a former football player about the dangers of concussions, resulting in a $3.1 million damages. In this federal matter, Riddell had argued their case should be heard separately from the case against the NFL, but a motion to sever was never granted before ordering the Riddell defendants into the global mediation. See articles here-- http://bit.ly/1fXmCX8 and http://bit.ly/15hvyFk

NFL Settles Concussion Claims

Just before the start of the regular season, thousands of former players settled today with the National Football League (NFL) over concussion-related suits. The league will reportedly pay $765 million for medical benefits and injury compensation to retired players, as well as funding medical exams, research and litigation expenses. Former U.S. District Judge, Layn Phillips, mediated the settlement and stated,"Rather than litigate literally thousands of complex individual claims over many years, the parties have reached an agreement that, if approved, will provide relief and support where it is needed at a time when it is most needed." NFL Commissioner Roger Goodell and the owners gave the legal team direction to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image. See story here-- http://on.wsj.com/1a2uTM0 and NFL press release http://www.nfl.com/news/story/0ap1000000235494/article/nfl-explayers-reach-settlement-agreement-in-concussion-suit

Knocking heads together for NFL settlement

At NFL meetings this week, settlement of a class action lawsuit against the league by retired players was announced along with the creation of a league fund to help former players in need. Jim Brown, who lobbied hard for the deal, was asked incidentally about his opinion of the proposal to ban backs from using their head to smash into defenders. “I didn’t use my head,” Brown said. “I wasn’t putting my head into too much of anything. I don’t think that’s a good idea." The NFL agreed to pay $42 million as part of a settlement with a group of retired players who challenged the league over using their names and images without consent. The league will use the money to fund a trust to help retired players with an array of issues including medical expenses, housing and career transition. The settlement also establishes a licensing agency for retired players to ensure they are compensated for the use of their identities in promotional materials."We look forward to building an unprecedented new relationship with retired players that will benefit everybody, especially those who need extra medical or financial assistance," Commissioner Roger Goodell said in a statement issued by the league. The federal class action lawsuit accused the NFL of blatantly exploiting retired players' identities in films, highlight reels and memorabilia to market the league's "glory days." The so-called Common Good fund will be administered by a group of retired players approved by the court. A licensing agency will for the first time market retired players' publicity rights in conjunction with the NFL, making it easier for retired players to work with potential sponsors and advertisers. A new licensing agency, to be overseen by a board of retired players, will streamline that process for one-stop shopping. The league will also pay another $8 million in assorted costs associated with the settlement, including money needed to help set up the trust and pay attorneys. The settlement still needs court approval. Retired players will have the chance to review the settlement throughout the summer, when final approval is scheduled. See items at http://bit.ly/ZYSmUF and http://on.nfl.com/ZtAHW8

New Year, New NHL Mediation

The National Hockey League (NHL) and its player's union (NHLPA) caucused separately with a federal mediator this week with looming deadline to reach a deal and possibly salvage a shortened season approaching next week. The two sides met with Deputy Director Scot Beckenbaugh of the Federal Mediation & Conciliation Service (FMCS) in New York, but there's no still no decision on whether the league and union would hold face-to-face negotiations. With half of the 2012-13 regular season already lost to the labor dispute, the NHL has set next Friday as the deal deadline, so that a shortened 48-game season could be feasible. The lockout, which costs almost $20 million a day, began last fall when the previous collective bargaining agreement expired with both sides disagreeing over how to split over $3 billion in revenue. The current dispute, echoing a lockout that erased the entire 2004-05 season, is now focused on the salary cap for the 2013-14 season, the pension fund and length of player contracts. See http://yhoo.it/X6RxZ8 and http://www.nhl.com/ice/news.htm?id=648934

More major league sports mediation-- NHL?

This week, ESPN.com's Pierre LeBrun reached out to prominent U.S. federal mediator George Cohen to seek his opinion on the state of the NHL lockout, due to his participation in ending both the NBA and NFL lockouts last year. About a quarter of the NHL hockey season has already been cancelled due to the lockout. As expected, the Federal Mediation and Conciliation Service (FMCS) director declined the interview request. However, LeBrun says Cohen mentioned he'd been in contact with both parties in the NHL-NHLPA negotiations. Fans have inquired whether a mediator could help dislodge the stalemate over NHL labor talks. However, NHL deputy commissioner Bill Daly only commented the parties had been in touch with the FMCS and didn't think that the introduction of a mediator into the process would necessarily further the process. As for the players' union, the NHLPA reportedly hasn't been in contact with FMCS since July. So far, according to players, the union seems willing to stick together, believing that the league is trying to wait and see if players crack. Others want NHLPA leadership back negotiating with the NHL to explore flexibility from the league on key bargaining points. See: http://bitly.com/PJU2BG and http://bitly.com/TxmXYD

Mediation ongoing in NFL Referee Dispute

Last weekend's failed negotiations between NFL Commissioner Roger Goodell and locked-out NFLRA game officials could not have been more evident than in Monday Night Football's botched calls. The ongoing labor dispute between owners and officials may have given refs more leverage than anticipated due to fan and commentator outrage, not to mention the football players. A league memo by general counsel told the officials' union and a federal mediator who joined talks Sunday that it is prepared to make reasonable compromises on economic issues in exchange for operational changes the league believes will improve the quality of officiating. However, the biggest economic sticking point is a traditional pension plan for existing officials, which the league wants to eliminate and replace with a 401(k) plan. The memo said the officials’ most recent offer includes a make-up bonus for lost wages from the lockout and a reduction in disciplinary authority over officials. See http://nyti.ms/UsWGIf and listen http://www.npr.org/2012/09/25/161729675/calls-grow-for-nfl-to-settle-dispute-with-refs

Baseball Mediation: Cuomo as Mets-Madoff Mediator

While his son, Andrew, celebrates obtaining a NY budget with time to spare, Mario Cuomo is coming off a victory of sorts of his own-- having successfully mediated the controversy with the Madoff trustee in time for baseball season. Originally appointed as mediator in the bankruptcy case seeking more than a billion dollars from the franchise, Cuomo got the Mets owners to pay $162 million in fictitious profits, which could be offset by their claims as victims of the massive fraud. Judge Rakoff acknowledged Cuomo's role in mediating the settlement before trial and attorneys involved said it couldn't have been done without Cuomo's help. Cuomo, now 79, still serves as of counsel for a major law firm and is listed on a register of mediators for the federal court. The former politician said he brings the negotiating skills he honed as NY governor to the task. "A mediator makes sure the process is going forward," Cuomo said. "He meets. He cajoles. He argues." See articles on the case Picard v. Katz et al., U.S. District Court, SDNY, No. 11-03605 http://es.pn/H5e2Ks and http://bit.ly/H8Z7b9

More sports mediation: Dodgers/FOX

Today begins a mediation between MLB's Los Angeles Dodgers and Fox Sports who have agreed to meet at the direction of U.S. Bankruptcy Judge Kevin Gross. As with many other recent entries on my blog, the mediation is judge-directed and early in the proceedings. Apparently, Joe Farnan, the mediator who previously negotiated a truce between the League and McCourt to sell the Dodgers, will conduct the mediation. It seems a November 30th hearing will proceed as scheduled under the current court order if a deal is not reached. The bankruptcy judge expressed interest in resolving the Dodgers case as soon as possible, so the team can prepare for the season. The Dodgers asked for permission to market their television rights as part of the team sale-- a move opposed by Fox as a contractual violation. Fox has asked the judge to dismiss the Dodgers from bankruptcy. In a pending collateral action, the Dodgers have sued Fox and Fox has sued the Dodgers. Judge Gross ordered both suits put on hold "pending the conclusion of the mediation." See posting by Bill Shaikin here: http://latimesblogs.latimes.com/dodgers/2011/11/dodgers-fox-head-to-mediation.html

NBA looking for NFL-type resolution in same Court

In apparent forum shopping, the NBA players refiled their federal antitrust lawsuit in Minnesota, seeking a settlement conference following the very same pattern of the NFL lockout. In the judge-directed mediation conducted by Magistrate Judge Arthur Boylan over several sessions with the NFL, full litigation was avoided and football season was saved. Billy Hunter is now telling NBA fans not to give up and to put pressure on the players and owners, though there has been no contact between the parties since talks broke off upon the NBA players' union dissolving. My earlier entry reported on the impasse that resulted from mediator George Cohen's efforts. See story here: http://nyp.st/tyOiK2

NBA Tuesday - Perhaps these guys could just mediate?

Today's NBA lockout negotiations are expected to decide whether games will be lost this season and just how many. The path to sports labor peace leads to the bargaining table, not to a courthouse. Rather than a protracted court battle between owners and the players' union, nasty internal strife, not to mention no professional basketball (e.g., here in a town with the star center in his last contract year, playing in a new arena that was promised hosting an all-star game), the parties should mediate, just as the NFL did. http://bit.ly/prn2JT Last month, NBA players' union members were worried enough about the possibility of agents pushing decertification that they had DeMaurice Smith of the NFL Players Association to speak to locked out basketballers about the pros and cons of dissolving a union, giving some background on what it was like with his players going through the lockout. http://goo.gl/ueY3p Through negotiations and judge-directed mediation sessions, footballers and owners bargained before the NFL players' union suffered any judicial setback in the Brady v. NFL antitrust case, or worse-- if they won the case. Such a loss would have crippled the union's decertification threat in the future. A union win could have prohibited teams from collaborating on contracts. http://tinyurl.com/3qn89ao Another incentive to settle the matter now is that public opinion of sports leagues has bordered on critical in recent years; though die-hard fans will endure. Avoiding the surely negative effect of these monetary disputes as early as possible (especially in this down economy) may stop harm to morale and can be achieved in a less public way though the mediation process.