Junior Seau dead, probable suicide

[Jenson71]

Originally Posted by vailpass

Is that the standard, that the player needs to have a doctor-level understanding?
IMHO there is a standard of implied consent that has been met. There should be a formal consent document drawn up that all existing and future players must sign or they can't play.
If any actual damages exist from the past the league should pay the expenses associated with them.

Knowing long-term consequences isn't a doctor-level understanding. I just know that there will have to be some fully informed consent standard in this employee relationship.

There has to be mandatory clinics all players attend during training camp. The club basically needs to tell them, "By the time you're 40, there's a 50/50 chance you're going to be mentally ****ed up if you play for longer than 2 years."

[DJ's left nut]

Originally Posted by Literature

Knowing long-term consequences isn't a doctor-level understanding. There does have to be some fully informed consent standard in this employee relationship.

There has to be mandatory clinics all players attend during training camp. The club basically needs to tell them, "There's a 50/50 chance you're going to be mentally ****ed up if you play for longer than 2 years when you're 40."

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?

[Chiefnj2]

Originally Posted by DJ's left nut

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.

Adhesion contract when they are represented by licensed agents?

[DJ's left nut]

Originally Posted by Chiefnj2

Adhesion contract when they are represented by licensed agents?

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.

[vailpass]

Originally Posted by DJ's left nut

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.

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.

[DJ's left nut]

Originally Posted by vailpass

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.

When they're talking, sure.

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

[vailpass]

Originally Posted by DJ's left nut

When they're talking, sure.

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

Maybe in Columbia, MO.

[vailpass]

Originally Posted by DJ's left nut

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?

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.

[DJ's left nut]

Originally Posted by vailpass

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.

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.

[vailpass]

Originally Posted by DJ's left nut

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.

What I believe is that the court will recognize the compelling interest of the business and the communities that draw great benefit from said business to approve an agreement that makes it feasible for the NFL to continue to deliver a product sufficiently in keeping with that to which the consumer has become accustomed.