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.

Michael Hausfeld

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.



About Jeff Nixon

Jeff was a first team consensus All-American from the University of Richmond in 1978. He is 7th in NCAA history with 23 career interceptions. Played for the Buffalo Bills 1979-1984. Led the team with 6 interceptions in Rookie Year. Holds Bills record for 4 takeaways in a single game - 3 interceptions and a fumble recovery. Tied Bills record with four consecutive games with an interception. After 5 knee surgeries Jeff retired from pro football in 1985. He worked for 13 years (1988-2000) as the Youth Bureau Director for Buffalo and Erie County. He has worked for the past 11 years as the Youth Employment Director for Buffalo. Plays guitar and was voted best R&B guitar player by Buffalo Nightlife Magazine in 2006, 2007 and 2008.

Posted on May 10, 2012, in NFL Alumni News. Bookmark the permalink. 9 Comments.

  1. Wayman Wilkes

    What is this all about? The NFLPA doesn’t control all aspects of the NFL Pension Plan.
    It also includes a significant influence and fiduciary oversight by the NFL owners and NFL League office!

  2. Walter Beach III

    I for one appreciate everyone’s effort. Keep up the good work. Whatever little support I might give feel free to let me know. Walter Beach III

  3. Guys keep up the good work it is greatly appreciated !
    Dave Grayson Jr
    Dave Grayson Sr

  4. Informative as always guys….Thanks for being of service…

  5. I believe strongly in the retired players of all ages . I pray the court helps us have dignity after football!

    • roger w. taylor

      dear phil , are you the man i called my friend while we were playing for the chiefs? my name is roger taylor, i am involved in the class action lawsuit for head injuries. please get back with me 405 386 6635

  6. I believe in the retired of all ages! I pray the courts will give us dignity after football!

  7. Roger. Taylor. From osu cowboys drafted by chiefs in 1981 and we were teammates s mountain of a man. Wow that was a nice phone call. Teammates for life. My # 928-530-7611. Philkcc56@yahoo.com

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