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Carl Eller case is dismissed

eller_62428 Getty Images

After the NFLPA went out of business in March and 10 players filed a lawsuit against the league in order to, among other things, end the lockout, a group of retired players followed suit by filing a suit of their own.

The only problem?  The retired players, led by Hall of Fame defensive end Carl Eller, had no legal rights, beyond whatever legal rights they negotiated when they were playing the game and had actual, you know, leverage.

They nevertheless tried to make a power play in the hopes of finagling a better deal.

Finally, the Eller plaintiffs have realized that the case has no merit.  According to the Associated Press, the lawsuit has been voluntarily dismissed.

The lawyers are now saying that the end of the lockout rendered the Eller lawsuit moot, ignoring the fact that they nevertheless tried to push the claims even after the lawsuit ended.

I continue to believe that today’s players and teams have a moral obligation to help the men on whose shoulders today’s caretakers of the games stand.  But the retired players have no legal right to force the NFL and the NFLPA to do anything more than what the NFL promised to the retired players when they were current players.

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27 Responses to “Carl Eller case is dismissed”
  1. cheezysmegma says: Aug 24, 2011 9:14 PM

    No victims, only volunteers here.

  2. everydayimfumbilin says: Aug 24, 2011 9:18 PM

    old bastards

  3. chadcantcatch says: Aug 24, 2011 9:22 PM

    cool hat!

  4. scomibord says: Aug 24, 2011 9:23 PM

    so wait you mean i can’t go back to a place that i worked at twenty years ago to tell the employees that they owed me a better retirement plan because i was frivolous with the retirement package that i received-fml

  5. n8fullahate says: Aug 24, 2011 9:25 PM

    I am not sure how to feel about stories of retired players…..

  6. hobartbaker says: Aug 24, 2011 9:32 PM

    Carl is sorry the league and the courts feel this way. But he did give them every opportunity to settle things without anyone getting hurt.

  7. tfbuckfutter says: Aug 24, 2011 9:36 PM

    I expect this comment thread to be a laugh riot.

  8. yajas says: Aug 24, 2011 9:37 PM

    Todays players and teams do NOT have a moral obligation any more than any other organization has a moral obligation to suddenly start paying its former employees again.

    The players didn’t make the league great. They were employees of an organization that became great.

  9. slickzmoney says: Aug 24, 2011 9:40 PM

    This is off topic I know but just got word Mike Flanagan beloved Oriole player and announcer is dead at 59 here in MD. Hope this is just a rumor. If not R.I.P. Mike you will be missed.

  10. depotnator says: Aug 24, 2011 9:41 PM

    Eller proved that there are a lot more brain injuries among retired players than anyone knew.

  11. cliffordc05 says: Aug 24, 2011 9:45 PM

    There are not so many retired players that it would be terribly difficult for the NFL and NFLPA to provide a decent retirement/medical package for them. Of course, I am not going to hold my breath and wait for either group to do the right thing.

  12. bullethead527 says: Aug 24, 2011 9:48 PM

    The league and the players should take better care of theses guys, the NFL wouldn’t exist without their sacrifice, especially with the brain damage and other injuries that still affect them now. 9 billion a year the owners and players owe them……..

  13. dirtdawg55 says: Aug 24, 2011 10:11 PM

    Moral obligation? Really? You are saying it is an universal truth that anyone in a present job must take care of someone who previously had the job? And that it is wrong, unethical, not to do so?

    That’s what you are suggesting. The moral argument, if it is to hold, should apply to all similar situations, and not just selected ones. By your argument, you should be chipping in to improve the livelihoods of all media people, and more specifically all bloggers, who came before you. After all, they created the opportunity for you to earn your living.

    Are you prepared to do so? And if so, how much? At none point does your moral obligation end? Is it when everyone in the past has an equal income, living standard, or whatever measure you want to use, as you? Or is it acceptable for only some of the people in the past to receive support? Or is it okay for them to receive only a certain level of support? At want point is your moral obligation then met?

    You are making an emotional argument, not a moral one. A moral argument should be reasoned and objective. Your argument is emotional and subjective. Yes, it would be nice for current players to put something into the kitty for past players, but they have no so-called moral obligation to do so. Just like I have no moral obligation to alter my current pay arrangement just so that someone now retired from my company can receive more (whether they actually need it or not, as need and satisfaction of need is a subjective argument in the first place) or whether they failed to live up to their own obligation to look after themselves (do they not have a “moral obligation” to do so?)

    By this same moral obligation, current owners should set aside revenues for past owners or does moral obligation stop at an absolute level of income and not a relative one? Would current owners only gave to help past owners who are now broke?

    Seriously Foolio, I sometimes wonder just what you are thinking.

  14. pgear says: Aug 24, 2011 10:16 PM

    I think Ving Rhames just found his doppleganger.

  15. istateyourname says: Aug 24, 2011 10:36 PM

    Carl Eller, my favorite purple poeple eater, him and Alan Page.

    He looks like he has a Tommy gun in a guitar case in that picture.

  16. cowboysfaninbuffalove says: Aug 24, 2011 10:42 PM

    Curtis enis is pissed now

  17. dryheaveone says: Aug 24, 2011 10:44 PM

    gotta laugh at how you take the tone now that this was a frivolous lawsuit. Yet when it was first filed you wrote “RETIRED PLAYERS COULD HOLD UP CBA AGREEMENT”……you didn’t seem to think it was frivolous then. your such a panic monger.

  18. hobartbaker says: Aug 24, 2011 11:07 PM

    Yap away, boys. Carl Eller knows where you live.

  19. chobes68 says: Aug 24, 2011 11:22 PM

    He does look bad ass in that hat thought.

  20. rugdog100 says: Aug 24, 2011 11:23 PM

    It’s a shame the NFL and NFLPA don’t give a rat’s ass about the retired players. Matt Birk and Mike Ditka have tried to do something for the retired players, but evidently they’re the only ones who care. It’s the culture we live in… a sad commentary on all of us.

  21. rugdog100 says: Aug 24, 2011 11:24 PM

    everydayimfumbilin – Hey, why don’t you go kick your grandpa in the nuts and tell him he’s an old bastard.

  22. londonbengal says: Aug 25, 2011 2:28 AM

    Didn’t the new CBA deal include a boat load of money for retired players like Eller ?

    Hope the formula includes provision for these guys, otherwise, get in the queue Carl……..

  23. CKL says: Aug 25, 2011 2:37 AM

    The fact that these guys have physical ills strictly from their profession means that the NFL should provide access to some form of heath insurance for them at no charge or a very reduced rate of contribution on their part. That’s what is “owed” to them in my book. Pensions etc are benefits which have nothing to do with any physical sacrifice they made. NFL has no moral obligation to provide a pension, 401 k or any other type of benefit just because those benefits weren’t there or were low when those guys played. It’s a silly argument for which I see no backing.

    I think that if individual teams/owners want to help bail some of their former players out, good for them. But for every sad story that engenders sympathy like Mackey, there are the Refrigerator Perrys of the world who received tons of help and refused to lose weight, stop drinking and take his meds. Hard to feel sorry for an adult who makes those choices. Or feel he is “owed” more.

  24. vikingdoode says: Aug 25, 2011 7:03 AM

    This is not your average run of the mill business operation. Taking care of the ex players who have fell on hard times should get some help from the league.
    I would be more forgiving to the players from the early 80s to as far back to the 1950′s only because of the equipment and education level of the concussion effects on ones self. BUT I think everyone knows what kinda hell your getting into when you join this club. Best to be a kicker or punter least you’ll have your brain in good working order.

  25. m2karateman says: Aug 25, 2011 9:47 AM

    Let’s face facts here folks….it wasn’t the “sacrifice” of previous players that built the NFL into the money making machine it is today.

    First off, when someone sacrifices something, they do it willingly and WITHOUT compensation. That is what makes it a sacrifice. No, these retired players exchanged their health for a paycheck, no different than a coal miner or a cop who gets hurt on the job, or a firefighter.

    The current NFL became a huge money maker and wildly popular for two reasons…..fantasy sports and betting. Without those two things, football doesn’t make NEAR $9B a year.

    So, it wasn’t the play or “sacrifice” of the retired players that made the game what it is today. The game is what it is today because current players are bigger, stronger and take much better care of themselves. The players today get paid better because of the TV contracts and merchandising, which all stems from gambling and fantasy sports leagues.

    Sorry, but the truth is what the truth is….

  26. dukemarc says: Aug 25, 2011 1:51 PM

    hobartbaker says: Aug 24, 2011 11:07 PM

    Yap away, boys. Carl Eller knows where you live.
    ——————————————————

    You’re right hobey. He’s probably on his way to drunk drive right thru their living rooms.

  27. TheWizard says: Aug 26, 2011 8:34 AM

    That picture looks like Spy vs Spy

    if anyone is old enough to remember that……

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