Update on Eller/Gault v. NFLPA Lawsuit
Dear NFL Alumni:
In September and October of 2011, 47 former NFL players, including 27 Hall of Famers representing every decade in pro football since the 1940′s, filed a class action lawsuit against the NFLPA. The class representatives represent virtually every position in football, and every category of NFL player – including vested, non-vested, Hall of Famers, forgotten players, and legends of the game. The lawsuit was filed on behalf of all former NFL players and seeks to increase the retirement benefits of all players – vested and non-vested
As one of the representatives in the Eller/Gault v. NFLPA Lawsuit, I want to update you on the status of the case. Our lawyers have provided us with the following information:
On February 15, 2012 the District of Minnesota held oral arguments in front of United States Federal Court Judge Susan Nelson on the NFLPA’s Motion to Dismiss the case.
In attendance for the retired players were Carl Eller, Paul Krause, Ryan Collins, Dan Johnson, and Shawn Stuckey. Lawyers for the retired players in attendance were Michael Hausfeld and Swathi Bojedla of Hausfeld LLP, and Mark Feinberg and Shawn Stuckey for Zelle Hofmann. In attendance for the NFLPA were Jeffrey Kessler, David Greenspan, and Heather McPhee.
Although they could not get into the substance or merits of the arguments that were made, Shawn Stuckey reported that Michael Hausfeld argued passionately and effectively to the Court and made a very strong case as to why the Court should not dismiss the case.
Following the oral argument, the Court asked for post-argument submissions from both parties; both parties complied with the Court’s request.
As of today, the Court still has not ruled on the case.
While our lawyers feel positive about our chances in district court, if Judge Nelson of the District of Minnesota rules against us in this case, they feel confident that the Eighth Circuit will be sympathetic to the arguments they have made.
As soon as we receive a ruling from the Court, I will make sure that retired players are aware of the ruling.