NFL’s REQUEST FOR MOTION TO DISMISS LAWSUIT HELD 10/30/14
The NFL’s Motion To Dismiss hearing was held on 10/30/14. Judge Alsup questioned each side extensively regarding preemption of the lawsuit due to the Collective Bargaining Agreement (CBA). It maintains the Plaintiff’s position that the NFLPA does not represent retired players. Also, the allegations contained in the lawsuit are not covered or addressed by the CBA.
The NFL argued that the lawsuit must be dismissed and arbitrated in accordance with the terms of the CBA.
Judge Alsup indicated he did not know how he will rule and asked the parties why this lawsuit was not brought by the union. As such, he ordered the NFLPA to answer the following questions:
- “If a retiree goes to the Union and says ‘I want to grieve the type of injuries that are alleged in the complaint’, would the union be obligated to pursue that grievance or is it true that a retiree is not part of the bargaining unit and has no rights to grieve anything?”
- “If it were to be grieved, would the Collective Bargaining Agreement cover the types of claims that are being asserted?”
WHAT HAPPENS NEXT
The NFLPA has retained outside counsel, Gibson Dunn, to draft their response and to file it with Judge Alsup no later than 11/19/14.
Stay tuned to my blog; I’ll post an update upon receiving the NFLPA’s response to Judge Alsup. If you have any questions, please feel free to contact me.