Originally Posted by vailpass (Post 8588508)

Oh, well, if it's gonna' be THAT kind of party I don't want to stay anyway.

What type of things would you look for in the backgrounds of jurors in a case like that?
NFL fan status? Political bent?

Originally Posted by vailpass (Post 8588491)

If I wanted to remain in that jury pool I assure you I could do so.

Originally Posted by DJ's left nut (Post 8588509)

And it would still likely be considered a contract of adhesion; afterall it's hardly an arms-length transaction. It's a document written by trained attorneys and presented to a guy that either gets to play football for millions or flip burgers for a living.

Originally Posted by vailpass (Post 8588508)

Oh, well, if it's gonna' be THAT kind of party I don't want to stay anyway.

What type of things would you look for in the backgrounds of jurors in a case like that?
NFL fan status? Political bent?

Originally Posted by DJ's left nut (Post 8588509)

And it would still likely be considered a contract of adhesion; afterall it's hardly an arms-length transaction. It's a document written by trained attorneys and presented to a guy that either gets to play football for millions or flip burgers for a living.

Once again, I know the argument will be 'well they just didn't have to play', but I can tell you that a jury's not going to buy that when they have actual corpses in front of them.

Besides, the beautiful thing about waivers is that there are very few of them that I can argue are both 1) specific enough to be clear as to what they're addressing and 2) broad enough to cover all contingencies.

Put me in a room with any document you draw up, give me enough time, money and manpower and sooner or later I'll figure out a way to attack one of those 2 problems.

It's nowhere near as straightforward as vailpass or Donger are trying to make it. If it were, the NFL would've dealt with stuff like this, injury settlements or even Free Agency a long long time ago. The NFL can't just say 'here it is, take it or leave it', or we wouldn't have FA or exorbitant salaries now would we?

Originally Posted by Brock (Post 8588519)

Everything. There wouldn't be any NFL fans on that jury for sure.

Originally Posted by DJ's left nut (Post 8588477)

Just like the woman that put a cup of coffee between her legs and suffered 2nd degree burns for it.

Sure, she put hot coffee where she shouldn't have, but McDonalds knew that the coffee was hot enough to cause burns leading to skin-grafs and did nothing about it.

A so called 'acceptance' of the risks here isn't going to get the NFL off the hook - it never gets the deepest pockets off the hook.

Juries do what they do. They'll see the faceless conglomerate of super-wealthy individuals that had concussion studies done and ignored and they'll compare those to the individual plaintiffs, be they players or the families of players that died.

Don't coach - bet. What you think the jury should do is irrelevant. What you claim you would do where you a 1-man jury is equally irrelevant (afterall, both you and veilpass would get your asses bounced from the pool). History tells us what the jury will do.

Ignore it at your own peril.

Originally Posted by Chiefnj2 (Post 8588529)

Adhesion contract when they are represented by licensed agents?

Originally Posted by Brock (Post 8588519)

Everything. There wouldn't be any NFL fans on that jury for sure.

Originally Posted by DJ's left nut (Post 8588544)

Pretty much, yes.

They can ultimately have someone else review it, but their choices remain the same as presented by vailpass - sign it or don't play.

Go ahead and throw that in front of your average juror and see how it plays.

Originally Posted by vailpass (Post 8588534)

I'm sure you are the toast of the bar there in Columbia, MO however I don't discount the possibility that the NFL may be able to locate and afford competent counsel of it's own.

Originally Posted by vailpass (Post 8588554)

It would play just fine with me and everyone I know and seems to me it would play out as fair with a majority of Americans.

Originally Posted by DJ's left nut (Post 8588555)

Indeed they will - it's why they'll end up in, at best, the same coin-flip scenario I've already mentioned.

You're simply out of your depth here if you truly believe there's some piece of paper the NFL can just hand every player and HUZZAH - no liability.

It's not going to work that way.

Originally Posted by DJ's left nut (Post 8588557)

When they're talking, sure.

Not when they're on a jury. It never does.