"In so far as the agreements allowed the companies to collect funds from class members only after they’d received funds from the claims administrator, the panel reversed Judge Brody’s order in one appeal involving RD Legal Funding."
Curious statement from Seeger, in that he seems pleased that funders cannot seek to collect from the NFL, while they can seek to collect from class members after awards are paid. It does appear, however, that he plans to continue to drain the common benefit despite the 3CA ruling
Attorneys for the funders indicate they are pleased with the Third Circuit ruling.
Despite the fact 3CA ruled that the court had no jurisdiction over awards after players are paid, Seeger also, oddly, claims victory.
Seeger claims that he's "looked at enough of these to know," which is likely true since he served on the BOD of litigation funder Esquire Bank, whose loans were exempted from Judge Brody's ruling despite having near identical assignment language as other funders.
In fact, on February 13, 2015, the day Seeger filed the settlement, he contacted attorney Craig Mitnick, asking for his help in setting up a funding program for retired players.
Note the assignment provisions on an Esquire advance.
You can see that Esquire's provisions above, are nearly identical with those of Thrivest, below (& other lenders). It's also noteworthy that attorneys are ordered to disburse funds to the lender after an award is made, therefore avoiding the claims admin and reach of the court
From the Locks Motion for Reconsideration dated 5/1/18. This determination (image 2) has yet to be sufficiently explained.
Simultaneous with the big win for lenders, the war against #NFL Concussion Settlement claims continues, as attorneys seek to roll back NFL friendly changes to the settlement recently ordered by Judge Brody. law360.com/sports-and-bet…
If the answers were "on the face of the motion or norming agreement" then obviously the language was unclear. Wasn't this supposed to be about explaining areas that lack clarity?
I believe @Advocate_Habiba was right. Courts are working as designed, dismissing issues that apparently seem trivial to the panel, preserving the status quo and letting the vulnerable down once again.😡
Patrick is right also. As @TheNeuroTimes said a couple of weeks ago, they'd probably rather be on a spacecraft to Mars than address the systemic problems in the concussion settlement.
A few more thoughts. This law review article hits on some of the shortcomings in this case and within the court system. She is right about procedure. This case was dismissed on procedural grounds allowing the court to avoid the merits.
In addition to the "correction" for "double-dipping" which will deduct whatever Social Security award players might receive from their NFL disability checks, there are other provisions equally if not more concerning.
First, to clarify, while some disabled players receive as much as $11,500 per month in disability pay and likely receive about $2,000 from Social Security Disability, this is very much on the high end. Others are only getting around $3,000 per month and about $1,200 in SSD.
This would be devastating to the players on the lower end of the scale, reducing them to about $1,800 per month. Beyond this, the new CBA seeks to begin eliminating SSD determinations as automatic approval.
🚨URGENT THREAD:🚨
The CBA "Fact Sheet" provided by #NFLPA is a joke. It's also the repeat of a common tactic that has led many people to make poor decisions because important details of the actual contract are conveniently omitted.
This was a similar notice or "fact sheet" that went to retired NFL players leading them to believe they'd qualify for concussion settlement benefits that were later denied them. All because it omitted a few vitally important details.
To guys who are thinking the marijuana provision is great, I just got a message from an attorney who called it a "gloss over" and said, "The testing window and nanograms isn’t helpful at all."
Two #NFL examples come to mind:
First, in Charles Dimry's disability case, Judge Donato found an abuse of discretion and remanded the case back to the Plan with instructions to correct.
Dimry is back in court because the Plan failed to follow those instructions, stating that it "disagreed" with Judge Donato.
His case is now before a magistrate judge that absurdly seems oblivious since magistrates serve at the pleasure of district court judges.
Judge Donato should take charge and issue sanctions, lest the behavior continue unabated.
"This year alone has seen a 55% increase in reports of sex abuse and other misconduct than last year. That amounts to an average of 239 reports a month... Analysts predict that the number of reports could cap off at 667 per month or 8,000 per year."