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Seau family sues NFL

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On the heels of the disclosure that linebacker Junior Seau suffered from Chronic Traumatic Encephelopathy when he committed suicide in May 2012, Seau’s family is now suing the NFL for wrongful death.

The suit was filed Wednesday in California Superior Court.

The NFL likely will move swiftly to shift the case to federal court and then to consolidate it with the thousands of claims pending in federal court in Philadelphia.  The league’s threshold argument will be, as it has been in every concussion case, that any remedies for failure to warn players about the risks of concussions or to protect them from concussions must be pursued under the Collective Bargaining Agreement.

The claim also could have a problem under the statute of limitations.  While scientific examination of his brain tissue only recently revealed the existence of CTE, the NFL likely will argue that Seau knew or should have known that he had legal rights that were potentially violated by the NFL more than two years before the date of the filing of the lawsuit.

While the concussion lawsuits draw headlines and drive web traffic, it’s important to remember that these cases are not slam dunks.  Even if a jury ever is in position to assess whether the league failed to do enough to warn or protect players from concussions, there will be jurors who are inclined to believe that the players would have done nothing differently even if they had been warned.

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82 Responses to “Seau family sues NFL”
  1. ireadpftforthecomments says: Jan 23, 2013 12:55 PM

    Enough is enough.

    I feel their pain. We all miss Junior.

    But he signed up, on his own, to play in the NFL. He knew the risks when he signed that first Contract.

    I’m very sorry he ended his life because of brain injuries, but suing the NFL won’t bring him back.


  2. bigblackanvil says: Jan 23, 2013 12:56 PM

    My sympathies for the family but c’mon man !!!!

  3. fuglyflorio says: Jan 23, 2013 12:57 PM

    Isn’t this what it was all about from the beginning?

  4. budklosterman says: Jan 23, 2013 12:58 PM

    This is a sad situation. But you have to know what you are getting yourself into! There is a reason you get paid millions of dollars. No one put a gun to your head and made you play football!

  5. prosb4hos says: Jan 23, 2013 1:01 PM

    I’m just glad Seau’s family knows 100% that Seau never had any concussions in little league, high school AND college. That’s impressive and impossible.

  6. vicnocal says: Jan 23, 2013 1:02 PM

    Cool. Seau’s family should be able to sue the NFL. As long as they give back all the millions of dollars Seau made off of his association with the NFL.

  7. nyjets1017 says: Jan 23, 2013 1:03 PM

    I would sign a contract yesterday and even a note saying I won’t sue anyone or my family won’t bc of the effect the game had on me. These people are money hungry to the max

  8. rockthered1286 says: Jan 23, 2013 1:03 PM

    This is just getting out of control. Seau was a LB. Not a kicker. He knew damn well that he was going to get knocked around and end up with some physical damage, as well as a few concussions over the years. And yet, he signed every contract with ease, knowing that he was sacrificing his body for the millions of dollars on the table. Do I feel bad for his family? Yes. But do I think they can blame the NFL? Absofrigginlutely not.

  9. FinFan68 says: Jan 23, 2013 1:03 PM

    No respect for money grabs. His death was a tragedy but it was of his own choosing. These suits are brought by players who had representatives (NFLPA) in the meetings and who had access to the data that the NFL is claimed to have withheld. How they are not summarily dismissed is a testament to society’s trend of blaming everybody else. Take responsibility, move on and maybe try to help others learn from the mistakes made.

  10. bender4700 says: Jan 23, 2013 1:04 PM

    Bite the hand that feeds….

    Just ridiculous. Feel bad for the family but it wasn’t a mystery that football is dangerous.

  11. tombradysbaby says: Jan 23, 2013 1:04 PM

    “there will be jurors who are inclined to believe that the players would have done nothing differently even if they had been warned.”

    This, so much this. These are people who have been most likely doing this sport for nearly all their life. You’re going to try an convince them to stop making millions, step away from the fame and glory?

    Good luck…

    Football players are modern day gladiators. They know the risks, they play hard because of the risks, and the reap the rewards for suffering these risks.

  12. jamaltimore says: Jan 23, 2013 1:05 PM

    How many times did Jr. come out of retirement to Keep playing? I mean it’s sad and everyone agrees hits to head can cause brain damage but putting out hands like know they are owed something is ludicrious.

  13. RoofDude says: Jan 23, 2013 1:05 PM

    Everybody knows the risk of concussions when suiting up. Everybody.

    From little league football on up. It IS a part of the game. To act like you aren’t aware of the risk is ridiculous at best.

    There is a reason football isn’t for everyone.

  14. glac1 says: Jan 23, 2013 1:06 PM

    did he willingly sign the contract that was offered to him by the Chargers????

  15. riverhorsey says: Jan 23, 2013 1:06 PM

    This is a case of what did the NFL know about brain damage and when did they know it?

  16. green41563 says: Jan 23, 2013 1:09 PM

    The guys who played in the 40s, 50s, 60s, and 70s got their heads pounded in every week. One concussion after the other, I’m sure. But they weren’t killing themselves. So head injuries alone can’t explain this.

    I think there’s a lot of evidence to suggest that this phenomenon is more a product of suddenly being unfamous, unemployed, and directionless in your mid-30s than any brain damage. These guys have been stars all their lives, and when the music stops, it’s very hard to take.

  17. bullcharger says: Jan 23, 2013 1:09 PM

    Seau wasn’t diagnosed with any concussions at all from what I understand. So that would be a combination of two things… no testing for concussion like symptoms by team medical staff and Seau wanting to go back in the game regardless of how he felt. It’s not a one sided issue. Even Peyton Manning had said he tried to do poorly on his baseline concussion test to ensure he could pass it if his bell was rung. The bigger problem is likely how missing plays and games due to any injury can may lead to a lost job. The Players will do anything to stay on the field. It’s not just head injuries… look at Dez Bryant… His hand could have permanent damage I am sure, as he needed it operated on much earlier.

  18. jjb0811 says: Jan 23, 2013 1:11 PM

    Injuries have NEVER deterred people from playing any sport. And as medicine & surgeries has become better it makes all kids, teens and young adults feel invincible.

    What has happen with Seau and the thousands of others is NOT just an NFL problem. They start playing, in most cases, 10 years before being pro.

    Why are these same people not suing their universities? At least in the NFL you’re afforded excellent medical care and salary.

  19. thelastpieceofcheese says: Jan 23, 2013 1:11 PM

    Until the legal system implements a rule that losers pay winners court costs, the courts will be flooded withy frivolous lawsuits.

  20. godblessfootball says: Jan 23, 2013 1:12 PM

    One will never know if the injury happened in pee-wee ball, jr. High, high school, college or the NFL. Why is it always assumed it happened in the nfl?

  21. misterchainbluelightning says: Jan 23, 2013 1:14 PM

    And people wonder why the NFL is trying to make the game safer.

    Goodluck getting parents to sign permission for their kids to play football “as-is” over the next decade.

    Oh oh course the “tough guy” fan will yammer about this and that failing to understand the NFL NEEDS kids playing, and the more the better.

    Someone will cry about Goodell cluelessly and the sheep will follow

  22. Stiller43 says: Jan 23, 2013 1:15 PM

    I hope they get nothin out of this. Not because i dislike seau or his family, but because all of the warnings are obvious.

    I play sports (mostly ice hockey)…i know if i break a leg or get a concussion or something, thas a risk.

    They were probably talked into it by a scumbag lawyer just trying to get a cut of the action.

  23. overweightman says: Jan 23, 2013 1:15 PM

    There’d be no such thing as a “Seau Estate” if it wasnt’t for the NFL.

  24. goldrush4949 says: Jan 23, 2013 1:16 PM

    Frivolous lawsuit.

  25. cincyhokie says: Jan 23, 2013 1:18 PM

    It’s fair to assume that someone with Seau’s intensity and dedication for the game of football would not have stopped playing even with fair warning.

    Even after all of the attention on the dangers of head and brain injury in the last 2 years, I can’t think of one player who has decided to retire preemptively.

  26. jimmyhaffa says: Jan 23, 2013 1:18 PM

    So the cash cow died and now they need a final payout. I really feel bad for the family that it happened, but everybody has always known that
    big blows to the head = bad. He got paid millions to take them.

  27. steelbreeze676 says: Jan 23, 2013 1:22 PM

    This is the first of what will eventually end contact football as a sport, at least as we know it.

  28. chargerdillon says: Jan 23, 2013 1:22 PM

    His family got to live a good life off of Junior Seau playing football, but now that the star is gone and the money is gone, after being a deadbeat to his kids, drinking himself into failure, and having major gambling problems…..

    His family is going to come out looking for more money?

    As a San Diego native my whole life, I can tell you Junior Seau tried to take his life far earlier than when he shot himself, he drove off a cliff that NO MAN should’ve survived, I know this because I walk down it all the time to go surfing.

    To think his family now wants a payday shows just how classless the Seau family is. Stay classless Seau Family

  29. cup1981 says: Jan 23, 2013 1:23 PM

    These guys sign contracts to beat the hell out of each other. It’s ridiculous that them and their families are now suing the league… that’s like people that sue Mickey D’s for you being fat.

  30. geauxjay says: Jan 23, 2013 1:24 PM

    NFL: Mistakes were made

  31. clownsfan says: Jan 23, 2013 1:27 PM

    Greed. Nothing more. Nothing less. This will get tossed quickly.

  32. ccjcsr says: Jan 23, 2013 1:27 PM

    This only leads to the future contracts where it states, they know the risks involved with professional football. Talk about a witch hunt!

  33. philyeagles5 says: Jan 23, 2013 1:27 PM

    sorry to break it to ya but you get just as many concussions if not more in high school.

  34. ialwayswantedtobeabanker says: Jan 23, 2013 1:28 PM

    “Even if a jury ever is in position to assess whether the league failed to do enough to warn or protect players from concussions, there will be jurors who are inclined to believe that the players would have done nothing differently even if they had been warned.”


    Even now, when this avalanche of evidence is coming in about concussion trauma and CTE — do we see a flood of players retiring because of it? Absolutely not.

    I think of the entirety of active NFL ballers, I know of two athletes who’ve shut it down over concern tied to the effects of concussions.

    Moreover, there are a heck of lot of athletes who are not active NFL players, and are doing everything in their power to get out there on Sundays.

  35. bartlettruss says: Jan 23, 2013 1:30 PM

    It’s amazing how common folks side with the rich folks against other common folks (players). Everyone seems to know exactly how much Seau knew and when he knew it. The current narrative is that ALL players would have continued to play even if they KNEW they would die young by their own hand after years of horrible depression.

    That narrative is overly presumptive. You don’t know that about every player. Even if a hundred players come on ESPN and say they would have continued to play even if they had known the risks it wouldn’t mean that ALL players would.

    People on the internet like to post about how stupid players are when they do stupid things, but when something threatens the sleepy, quiet world of the NFL all of a sudden the players were always geniuses fully understanding the consequences of multiple blows to the head, even those that didn’t result in a “concussion”.

    To me the question is what did the NFL know and when did they know it and did they share their knowledge with the players. If they withheld information from the players then they are liable in my mind.

  36. sixjak says: Jan 23, 2013 1:30 PM

    This poor family. I feel bad for them. They’ve fallen hard for the big lie that this is going to help them. The gravy train is gone. Junior Seau and his brand is gone and so too is the money and street cred that goes with it.

    I met Carrie Underwood’s aunt and uncle last year and they were really milking that angle. Nobody cares. Gravy train is about to find out about political fallout.

  37. mjkelly77 says: Jan 23, 2013 1:31 PM

    What? No suits filed against the grade school, high school and college where Junior Seau played? I guess it’s strictly the fault of the “deepest pocket”, the NFL. This is a tragic occurence but the man wasn’t forced to play professional football. I suppose we’ll now see that all employers will be culpable for the suicides of all of their employees.

  38. galvestontexans says: Jan 23, 2013 1:31 PM

    Wonder what the Seau estate would be worth with out the NFL.

  39. mikea311 says: Jan 23, 2013 1:35 PM

    im all for the guys being able to sue, so long as they don’t sign that multiMILLION dollar contract.

    make under a $100k a year and then come talk to me about risking your health in your job like millions of other Americans do.

    you get paid a nice premium to perform in a hazardous environment, learn that fact.

  40. enochmh2 says: Jan 23, 2013 1:38 PM

    The millions he made while playing in the NFL have run out?

  41. jagsfan1 says: Jan 23, 2013 1:41 PM

    Say “OW”

  42. JSpicoli says: Jan 23, 2013 1:45 PM

    NFL is going to get sued out of business as we know it.


  43. nflofficeadmin says: Jan 23, 2013 1:49 PM

    This isn’t about brain injuries, football, saving other players, or even about Junior. It’s about money.

  44. allen227 says: Jan 23, 2013 1:54 PM


  45. coreydean says: Jan 23, 2013 1:55 PM

    When this first happened, I wondered if his death was really a suicide. I had never heard of anyone shooting themselves in the chest to commit suicide. Seemed odd to me at the time and I still think it sounds odd. Maybe I am wrong, and I could very well be. Just a suspicion I’ve had.

  46. hopeforgavin says: Jan 23, 2013 2:05 PM

    Instead of making the game safer with harder helmets and padding, they should go back to making them softer – players would think twice about leading with their leather helmet.

    Like any profession you sign up for, you have to know the risks. Police and firemen risk knowingly put their lives on the line everyday and they don’t sue if they get injured or die. No one forced football on Seau.

  47. harrisonhits2 says: Jan 23, 2013 2:07 PM

    This sort of law suit is why we will soon see attorneys as well as doctors on the NFL sidelines.

    Players will have to sign waivers to go back into a game after any sort of injury or the attorneys will not clear them to reenter the game.

    Soon to be known as The National Attorney’s Flag Football League.

  48. phinfan says: Jan 23, 2013 2:13 PM

    Did he not enjoy the game? Did he not sign with a pro team? Did he not report every day to train his body and get paid to play?

    How’s it ‘Wrongful’?

  49. pongonfl says: Jan 23, 2013 2:15 PM

    The guys that couldn’t let go and hung on the longest are at the greatest risk.

  50. justintuckrule says: Jan 23, 2013 2:15 PM

    Good. The NFL should have warned him when it KNEW that excessive concussions could cause CTE instead of staying silent.

  51. eroschmidt says: Jan 23, 2013 2:17 PM

    I am sorry for the family loss but enough is enough on this stuff. NFL players are well aware of the risk they take to their bodies and long term health by playing the game. Everybody with common sense knows that to be the case. The NFL concussion lawsuits are like a NASCAR driver suing another driver after a crash, or an NHL player suing for frostbite….

  52. packerbadger says: Jan 23, 2013 2:17 PM

    NFL is ALL about the money, and thats pretty much all they care about and respond to. I guess the only way to get their attention is to hit them in the wallet. Its business.

  53. tigerlilac says: Jan 23, 2013 2:21 PM

    This is a great thread. It reminds me of the 2003 film, Runaway Jury. The film was based on a John Grisham novel. Virtually all of the posters on this thread could play the part of Frank Herrera. If you want to see yourself as others do rent the film. Alas, Frank Herrera is not the protagonist.

  54. dawglb says: Jan 23, 2013 2:23 PM


  55. spartan822 says: Jan 23, 2013 2:24 PM

    How do they know that the CTE diagnosis had anything to do with his suicide? There are plenty of other factors that could have led to depression and suicide. I don’t think it’s possible to conclusively prove that he committed suicide because of concussions suffered from playing in the NFL.

  56. keepingitrealdumb says: Jan 23, 2013 2:25 PM

    this is the exact reason why Goodell is doing what he is doing .. so stop calling him Godell and saying how he is ruining the game. he is not. if the NFL weren’t getting sued all over the place then he would not be doing any of this. and that is the truth

  57. bucsnsincity says: Jan 23, 2013 2:29 PM

    “common folks” lol I don’t count nfl players as common folks the minimun wage is $390,000. How many players have stopped playing since they became aware of or at least changed the way they played? If anything everything I’ve heard has been negative towards the changes made.

  58. skinsrock says: Jan 23, 2013 2:30 PM

    I’m starting the CFL … Cyborg Football League… cause this human league isn’t going to be around after all the lawsuits.

  59. questforthesixthnotthelast2013 says: Jan 23, 2013 2:38 PM

    Disgraceful is right!
    seau gave his family more than they could ever hope to have without the league. Its not like they were playing with leather helmets. The technology totally improved from the years of that age, and now the former players are seeking compensation, talk about the greed, they deserve the money from the league, seaus family does not . He knew the risks and still led with his helmet, he killed himself, lay him to rest!

  60. judsonjr says: Jan 23, 2013 2:39 PM

    To me CTE is just taking the blame for a number of issues, because it is “all the NFL’s fault”.

    There is never any responsibility being taken for not being able to adjust in retirement.

    – Money isn’t coming in anymore
    – No more day to day structure of the NFL.
    – Might have to work a job that they are not naturally good at.
    – Aches and pains of body taking a pounding for years
    – Now have to spend time with a family that they don’t really know

    The above and more are can cause depression and substance abuse.

    The real criminals are the lawyers exploiting these families emotions for the purpose of lining their own pockets.

  61. fumblenuts says: Jan 23, 2013 2:40 PM

    steelbreeze676 says: Jan 23, 2013 1:22 PM

    This is the first of what will eventually end contact football as a sport, at least as we know it.

    I had to sign a waiver at an amusement park to go on a kick butt sling-shot ride.

    The NFL will make EVERY PLAYER on the team sign a waiver that indicates you play AT YOUR OWN RISK, very soon. Mark it.

  62. salventuri says: Jan 23, 2013 2:40 PM

    I guess all the money ran dry in the Seau house.

  63. footballchic777 says: Jan 23, 2013 2:41 PM

    I am really sorry that someone has died, but that is no reason to sue the employer. We choose our professions, and know the repercussions of those choices. Football is a sport of hitting….and how can you say which is the trauma that caused the most damage? Was it peewee ball, High School ball, college? Should he have been allowed to play as a child? Our doctor advised against peewee football because children’s bodies have not yet developed well enough to withstand the hits they would take. We all make choices, starting with parents at a young age, to the athletes themselves when they choose their professions. We have seen so many time this year as athletes have willingly admitted they hide there concussions, and other injuries, to stay on the field. You can NOT watch a game without knowing it will be hard on the body, so you know the choice you are making when you go ahead with it. You are paid well to perform, and reap the benefits for many years, and hope that the negatives outweigh the positives. But it is the players choice.

  64. mburkett1980 says: Jan 23, 2013 2:41 PM

    My biggest thing is the fact that virtually ALL of these guys have been playing football since they were 6 year old. Why is all the blame being put on the NFL? Why aren’t park leagues, high schools, and colleges being sued?

    This is nothing more than a big money grab.

  65. nyg88 says: Jan 23, 2013 2:44 PM

    I hope they don’t get a dime.

  66. sippindasyzurp says: Jan 23, 2013 2:51 PM

    For everyone who whines about why the NFL has implemented all these rules for “defenseless” players, this is why..

    The only way the NFL can protect themselves from getting sued is by now telling the players on the field that there will strict punishment for targeting the head..

    Like it or not, it’s these types of situations with Junior Seau that are causing the NFL to force these type of plays to be deemed illegal.

  67. cameltoehoe says: Jan 23, 2013 2:58 PM

    I object! The players DID NOT know the risks, specifically the permanent damage to the brain that the recent professional study revealed. Everything before this study would only be speculation. Furthermore, nobody “signs up” to get their brains bashed in.

    I hope the Seau Estate gets 100’s of millions. All their lawyers have to prove is the NFL was negligent by knowing information re: the health risks but did nothing. Case closed…the end.

  68. skinsfaninnebraska says: Jan 23, 2013 3:03 PM

    Hey, guys, football is dangerous. That’s why you wear helmets! When a player fastens his chin strap he assumes the risk inherent in playing the game.

    All these lawsuits are about only one thing: getting into the deep pockets of the NFL.

  69. green41563 says: Jan 23, 2013 3:06 PM

    thelastpieceofcheese says:
    Jan 23, 2013 1:11 PM
    Until the legal system implements a rule that losers pay winners court costs, the courts will be flooded withy frivolous lawsuits.

    Truth is, that rule would do far more harm than good because it would effectively close the courthouse doors to poor and middle-income people. Plus, imagine its impact in the criminal sphere; want your taxes to pay O.J.’s multimillion-dollar legal bill?

  70. rg3sus says: Jan 23, 2013 3:11 PM

    I know this has been said but when it comes to these concussion suits against the NFL I get a little upset. No one forced you to play football. Everyone on the planet knows football is a contact sport where you can get hurt. And what are the odds your only concussions came in the NFL? Pee wee, high school and college I’m sure led to a bunch of hits to the head. The difference is the NFL has money. These are just more frivolous law suits.

  71. jimmysee says: Jan 23, 2013 3:30 PM

    Since Seau, presumably played football from the pee-wee leagues forward, how can they prove he suffered the damage at the NFL level — which, presumably, has the bests equipment and medical support available?

    His brain damage could have begun back from hits he took in Jr. High School — who knows!?

  72. screbels89 says: Jan 23, 2013 3:32 PM

    There is a study that shows much of this damage probably happens to these guys when they are kids and their brains arent fully developed

  73. russellbandingo says: Jan 23, 2013 3:32 PM

    coreydean says: Jan 23, 2013 1:55 PM

    When this first happened, I wondered if his death was really a suicide. I had never heard of anyone shooting themselves in the chest to commit suicide. Seemed odd to me at the time and I still think it sounds odd. Maybe I am wrong, and I could very well be. Just a suspicion I’ve had.
    Well Sherlock, he shot himself in the chest so his brain could be studied, like in similar former cases. As far as the family suing, that is disgusting to me. Lots of players did not get brain injuries because they did not play 17+ seasons or whatever he played. Suing the NFL is ridiculous. Should a police or fireman or soldiers family sue the government when one of them dies from injuries received on the job in NORMAL working conditions. They may not have understood the science of brain injuries as much when he started playing, but you can tell by the growth and evolution of the pads and helmets the players wear that someone is obviously trying to help solve the problem. The players want to play and pick up quarter million dollar paychecks every week, not protect their heads and make minimum salary.

  74. warhammer420 says: Jan 23, 2013 3:35 PM

    This is just as ridiculous as obese people suing McDonald’s.

  75. enrifer says: Jan 23, 2013 3:36 PM

    So his family was ok with him playing football at a young age and making it a career and now they want to sue…ridiculous

  76. kimbo71006 says: Jan 23, 2013 3:53 PM


    All players today are aware of the risk of brain injury and injuries to other parts of their bodies while playing football.

    But I don’t see anyone walking away and giving the money back.

    It was all about money to start with – hence the reason they donated his brain for research – because visions of $$ danced in their heads.

    There are plenty of people who suffer concussions and have CTE, but they aren’t putting a gun in their mouth and blowing their head off.

    There are other factors at play here – not just what they did for a living.

  77. 69finfan says: Jan 23, 2013 3:59 PM

    To the poster that asked the reason he shot himself in the chest was for the same reason Dave Duerson shot himself in the chest, so their brain’s could be studied for CTE. Secondly, if you want insight into the gladiator mentality of NFL players lookup and read an article about Jason Taylor in the Miami Herald from 1/13/13. JT wasn’t coming off the field for nothing, neither was JS. Tragic death yes, should the Seau family get paid from this lawsuit? Not a dime IMO.

  78. szwhtsup123 says: Jan 23, 2013 4:01 PM

    It sucks what happened to Junior, he was such a great ambssador of the game. I’m sure the “Seau Estate” has been bombarded by lawyers looking to represent them in a suit. Just another example of lawyers and liberals pile driving this country into the ground.

  79. mjkelly77 says: Jan 23, 2013 4:01 PM

    enochmh2 says:Jan 23, 2013 1:38 PM

    The millions he made while playing in the NFL have run out?

    I doubt it. Greed knows no limts.

  80. rollerino1 says: Jan 23, 2013 4:09 PM

    Nothing against Jr Seau, but the family cash cow us gone, and the 100 family members he has been supporting is broke. For this reason alone, I hope this lawsuit is dismissed. Figure out how to support yourselves.

  81. mjkelly77 says: Jan 23, 2013 4:30 PM

    szwhtsup123 says:Jan 23, 2013 4:01 PM

    … I’m sure the “Seau Estate” has been bombarded by lawyers looking to represent them in a suit. Just another example of lawyers and liberals pile driving this country into the ground.

    The minute Seau made his first million they all registered to vote as Republicans. That’s where the real greed lies.

  82. jwilliamsspf says: Jan 23, 2013 6:52 PM

    Was the NFLPA named in the suit as well? You can just shrug the blame off of them too. Anything the league knew or did not know, than the NFLPA would have been just has knowledgeable.

    So why don’t they file suit against the NFLPA also for not protecting his life?

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