Second painkiller lawsuit survives early effort to end it

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With the NFL on verge (for the last three years) of putting the concussion litigation behind it for good, the NFL has a separate problem that eventually could end up being even more costly than the multi-million-dollar settlement negotiated in 2013 for head trauma.

Via the Associated Press, the second painkiller lawsuit filed against not against the NFL but its individual teams has survived a motion to dismiss the complaint. The first effort didn’t, because it was written in a way that brought it within the terms of the Collective Bargaining Agreement. By shifting the attack from the league to the teams and by beefing up the claims from allegations of negligent to intentional misconduct, the second lawsuit has stuck, at least for now.

The lede of the AP article says that the plaintiffs “will get their day in court,” but there are still hurdles to overcome before that happens. For now, the plaintiffs will be allowed through the “discovery” process to harvest evidence aimed at proving claims that, for example, doctors and trainers understated the side effects of medications. Along the way, the teams will try to secure key admissions and other proof that would support an eventual motion for summary judgment, which is an argument that judgment can be entered for the teams without a trial because there’s no disputed fact that a jury needs to resolve based on testimony, documents, etc. Putting it another way, the teams would be arguing that the facts as developed fail to support the facts as alleged.

Current and former coaches also will become targets of the discovery process, given that the lawsuit claims that Don Shula, Howard Schnellenberger, Wayne Fontes, Mike Holmgren, and Mike Tice told players they’d be cut unless they took painkillers to allow them to return to the field.

The concussion lawsuit was settled before the plaintiffs received the green light to proceed with discovery. For the NFL, the question becomes whether it’s now time to open up the vault for the plaintiffs in this case, given that the effort to collect evidence undoubtedly will result in the disclosure of deposition testimony and other information that will tend to make the league and its teams look bad.

Barring a settlement, and if the NFL’s inevitable motion for summary judgment is denied, the day(s) in court will come, and the case will consist of perhaps the most compelling players-vs.-owners sports trial the American public has ever seen.

32 responses to “Second painkiller lawsuit survives early effort to end it

  1. Miami’s perfect season of cheating – brought to you by tampering and the forcing of dangerous levels of painkillers, all to overcome the weakest season strength-of-opponents rating in history. Enjoy your bitter champagne Dirty Don. You of course carried on cheating – Mudgate against the Jets, and Formationgate dor many years against all teams, which were both good scams, and the forced-painkillers carried on until you retired, but your seasons were never quite so easy. Hall of Shame.

  2. “Barring a settlement, and if the NFL’s inevitable motion for summary judgment is denied, the day(s) in court will come, and the case will consist of perhaps the most compelling players-vs.-owners sports trial the American public has ever seen.”

    Whoever ends up on top in this case one thing is certain, it will never see open court.

  3. streetyson says:
    Jul 3, 2016 8:51 AM
    Miami’s perfect season of cheating – brought to you by tampering and the forcing of dangerous levels of painkillers, all to overcome the weakest season strength-of-opponents rating in history. Enjoy your bitter champagne Dirty Don. You of course carried on cheating – Mudgate against the Jets, and Formationgate dor many years against all teams, which were both good scams, and the forced-painkillers carried on until you retired, but your seasons were never quite so easy. Hall of Shame.

    _______________________________________

    If you think Shula was the only guy cheating by doing those kinds of things, I have a bridge to sell you.

  4. nyneal says:
    Jul 3, 2016 9:55 AM

    If you think Shula was the only guy cheating by doing those kinds of things, I have a bridge to sell you.
    ————————————-

    Shula gets singled out because he is a bitter hypocrite.

  5. In the first place, does anyone believe a coach would tell a player he had to take painkillers to get on the field or he’d be cut? I can’t believe they’d say something that stupid.
    I believe they told players they had to get back on the field, but telling them they’d be cut if they didn’t take painkillers seems too far fetched for me.
    If the coaches named above said that, they have to be dumber than a box of rocks.

  6. lest we forget ronnie lott cutting off the tip of his finger so he could play in the super bowl.
    they best not forget to bring along their masks and guns to the trial.

  7. nyneal says:
    Jul 3, 2016 9:55 AM
    If you think Shula was the only guy cheating by doing those kinds of things, I have a bridge to sell you.
    ———————————-

    Can’t help but think if any other coach had tampered his way to another team or flooded a field prior to a playoff game against a faster team we would have heard about it but have to agree on the rest. The difference of course is Shula is the one that called an active coach on another team a cheater, it’s the hypocrisy that rankles. The 70’s & 80’s were all about ‘better living through chemistry’ it’s doubtful the NFL was any different. The question lies in how much coercion and pressure was applied.

  8. The NFL continues to push highly addictive opioid pain killers while suppressing the development and use of medical marijuana. Players are suspended for smoking marijuana but it is acceptable for them to go out and use massive amounts of pills.

  9. This crap has been going on forever. It even played a part in the movie North Dallas Forty. They were popping painkillers left and right. It was the only thing that kept them going (along with booze and pot).

    Maybe I’m wrong here but for the millions upon millions of dollars these guys make and knowing what they’re in for BEFORE signing a contract, they should accept the consequences of playing what we all know is a very physical sport. Otherwise stay out of the game and get a regular job like the rest of us…better yet…you can have mine and I’ll go play a game for millions of bucks for a living.

  10. Kinda cool. All it takes to win a lawsuit against the NFL nowadays is to threaten to show America how they operate.

  11. I don’t know why they rely so heavily on those painkillers. They also kill the killer instinct by making you too happy. You love your enemies on those things.

  12. Current and former coaches also will become targets of the discovery process, given that the lawsuit claims that Don Shula, Howard Schnellenberger, Wayne Fontes, Mike Holmgren, and Mike Tice told players they’d be cut unless they took painkillers to allow them to return to the field.
    ~~~~~~~~~
    I seriously doubt any coach would say you must take painkillers or be cut. That seems like an exaggeration based on the players’ belief that someone could take their spot unless they are out on the field. It is far more likely that the coach said if you can’t play you are not helping the team. Obviously, if you can’t play and another guy gets an opportunity and plays well, you would then become expendable. That is not the fault of the coach. It seems the players took the meds to get back on the field and I would not be surprised to learn that they went to the trainers to find something to kill the pain enough to work through it.

    Let’s pretend for a moment that a coach did say that. That would mean that the player CHOSE to take meds instead of allowing another player to take his spot. The premise that they were forced to take something and were somehow denied the knowledge of potential side effects seems absurd to people with common sense. If I doctor prescribed a normal person some kind of medication that person should ask about any potential side effects. The doctor is weighing the side effects against the benefits. For those players the intended benefit of being able to play was paramount to the players. Any side effects were not important at all at the time. They are only important to those players now because they think they can make some easy money off the situation that they likely intentionally caused.

    I believe individuals are responsible for their own actions. It is not the gun’s fault that you kill someone, the spoon is not the cause of diabetes and if you willingly take meds to feel better, any potential side effects present from those meds are of your own poor decision making.

  13. “I believe individuals are responsible for their own actions.”

    I agree.

    Therefore, Shula* is a CHEATER and the Dolphins* are CHEATERS.

    Shula*
    Dolphins*

  14. nyneal says:
    Jul 3, 2016 11:14 AM

    In the first place, does anyone believe a coach would tell a player he had to take painkillers to get on the field or he’d be cut? I can’t believe they’d say something that stupid.
    I believe they told players they had to get back on the field, but telling them they’d be cut if they didn’t take painkillers seems too far fetched for me.
    If the coaches named above said that, they have to be dumber than a box of rocks.
    ———————————-

    No one has accused bitter Don Shula of being smart.

  15. infectorman says:
    Jul 3, 2016 6:09 PM

    “I believe individuals are responsible for their own actions.”

    I agree.

    Therefore, Shula* is a CHEATER and the Dolphins* are CHEATERS.

    Shula*
    Dolphins*
    ——–
    Except that, there were no rules of the NFL forbidding providing prescription drugs to players. Therefor, whether they did or did not, no rules were broken, and no cheating occurred. Sorry, but the pats were caught cheating and that simply isn’t going to change.

  16. mmack66 says:
    Jul 3, 2016 6:09 PM

    nyneal says:
    Jul 3, 2016 11:14 AM

    If the coaches named above said that, they have to be dumber than a box of rocks.
    ———————————-

    No one has accused bitter Don Shula of being smart.
    =========
    Well, except for the 347 coaches he went against that lost. By the way, did you know that’s the all time record number of NFL wins by a head coach?

  17. Grown, college educated Men should know the effects of things going into their bodies. It shouldn’t be someone else’s responsibilities.

  18. Hard to believe so many trolls back the billionares play over the talent. No NFL if your watching Paul Allen try and tackle Robert Kraft. The players are why you watch the game. The NFL will now strongarm players into interviews based on a flawed news report.

  19. @venerableaxiom – it was against the rules because it was against the law, even in Shula’s day, to force excessive painkillers onto a player with job-cut threats. But that’s only one aspect – there’s plenty of Shula’s other rule-breaking that’s more documented. No, of course he wasn’t the only one, quite a few were at it, but the main issue people have with him today is his total hypocrisy.

  20. Marijuana = BAD

    Opium-Based Pain Pills = GOOD

    …even though it’s been proven marijuana has more anti-inflammatory properties than NSAIDs and is more effective for a lot of patients than pain pills.

  21. Fact:
    The NFL totally swept under the rug a bad situation a couple of years ago wherein Saints coach Sean Payton WAS CAUGHT ON TAPE entering a locked medicine cabinet and stealing pain killers for himself and others. SI Peter King reported this abuse but it seems as if the NFL just looked the other way.
    Incredible.

  22. VenerableAxiom says:
    Jul 3, 2016 7:27 PM

    Well, except for the 347 coaches he went against that lost. By the way, did you know that’s the all time record number of NFL wins by a head coach?
    ————————————-

    What does that have to do with him being a dumb as a box of rocks, bitter, cheating hypocrite?

  23. mmack66 says:
    Jul 4, 2016 10:33 AM

    VenerableAxiom says:
    Jul 3, 2016 7:27 PM

    Well, except for the 347 coaches he went against that lost. By the way, did you know that’s the all time record number of NFL wins by a head coach?
    ————————————-

    What does that have to do with him being a dumb as a box of rocks, bitter, cheating hypocrite?
    ==========
    I just checked, belichick is still a proven cheater, and Shula is not. Sorry, but your incorrect statements haven’t changed anything.

  24. VenerableAxiom says:
    Jul 3, 2016 7:27 PM
    Well, except for the 347 coaches he went against that lost. By the way, did you know that’s the all time record number of NFL wins by a head coach?
    ________________

    All but 71 of which have a nice * attached.
    Tampering his way out of Baltimore was his one of his many cheats. By the way did you know that was the original AFCE 1st round draft pick punishment?

  25. jag1959 says:
    Jul 4, 2016 4:53 PM

    VenerableAxiom says:
    Jul 3, 2016 7:27 PM
    Well, except for the 347 coaches he went against that lost. By the way, did you know that’s the all time record number of NFL wins by a head coach?
    ________________

    All but 71 of which have a nice * attached.
    Tampering his way out of Baltimore was his one of his many cheats. By the way did you know that was the original AFCE 1st round draft pick punishment?
    ———
    By the way, did you realize it was on ownership, Joe Robbie, not Shula. You know, I’ve yet to see any asterisks on the Dolphins record.

  26. VenerableAxiom says:
    Jul 4, 2016 7:05 PM

    By the way, did you realize it was on ownership, Joe Robbie, not Shula. You know, I’ve yet to see any asterisks on the Dolphins record.
    __________________

    Right, Shula had nothing to do with the contract he signed, lol. Whatever helps with your unicorn dreams. He cheated his way out of Baltimore and created the Mud Bowl but had the stones to call someone else a cheater. He is a fraud. No wonder ‘Phins fans are so comfortable being hypocrites, their hero is among the biggest in sports. Walsh and Parcells admitted their ‘gamesmanship’ and no one cares. It’s Shulacheats hypocrisy that sets him apart.

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