johnnie morton et al v. nfl
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FREDDfheatherfl
HEATHER - State Bar No. 110650iglaserweil.com
ADAM EEBERTHON - State Bar No. [email protected] ANN T. NGUYEN - State Bar No. [email protected] FINK JACOBS
HOWARD AVCHEN & SHAPIRO LLP10250 Constellation Boulevard, 19th FloorLos Angeles, California 90067Telephone: (310)553-3000Facsimile: (310)556-2920
THOMAS V. GIRARDI - State Bar No. 36603GRAHAM B. LIPPSMITH - State Bar No. 221984CELENE S. CHAN - State Bar No. 260267GIRARDI KEESE1126 Wilshire Boulevard r-. OLos Angeles, California 90017 \) " DTelephone: (213) 977-0211Facsimile: (213)481-1154 ^[\ AuAttorneys for PlaintiffsJohnnie Morton, et al.
ORIGINAL
%
FILEDor Court of Ca
county of Los Angeles
MAY 21 2012
John A.CJarfje,ExwujiveJ^fficer/Cterk\ Deputy
Superior Court of CaliforniaCou
John A. Ctate, Executive Office
Bv ^ <iffi^MOSES §M ^^
£iO\S;islviG'cf
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
JOHNNIE MORTON: KEZMCCORVEY; KURT BARBER; MIKESHERRARD; STOCKAR MCDOUGLEand his wife, OCTAVIA MCDOUGLE;TOI COOK and his wife, KRISTINECOOK; BRIAN C. DUDLEY; BRADBOOTH: CHRIS HALE; JOHNJACKSON and his wife, ANNFRANCES JACKSON; DENNIS CLAYand his wife, STACEY CLAY;NORMAN SCOTT BYERS and his wife,STEPHANIE BYERS; and DARRYLCRANE,
Plaintiffs,
v.
NATIONAL FOOTBALL LEAGUE;NFL PROPERTIES, LLC; RIDDELL,INC: d/b/a/ RIDDELL SPORTS GROUP,INC.; ALL AMERICAN SPORTSCORPORATION, d/b/a RIDDELL/ALLAMERICAN; RIDDELL SPORTS
Case No. BC485131Assigned to the HonorableDepartment:
COM PLAINT FOR DAMAGES
1.2.3.4.5.6.7.8.9.
Negligence;Fraud;Fraudulent Concealment;Negligent Misrepresentation;Strict Liability for Des^ §#Bt;Negligence; " a w•* "Failure to Wm%>Negligence; §| s w „Loss or ConsOimrm? sg
m -s a» -h a« ^ £2 £2 <=* " _m s> to — wW
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DEMAND FOR JURY JRraE § £ro <o i—
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COMPLAINT
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GROUP, INC.; EASTON-BELLSPORTS, INC.; EASTON-BELLSPORTS, LLC; EB SPORTS CORP.;AND RBG HOLDINGS CORP.; andDoes 1 through 100, inclusive.
Defendants.
Plaintiffs, on behalf of themselves, by and through their attorneys, hereby
lege as follows:complain of Defendants named above, and hereby al
I. INTRODUCTION
1. This action is brought by Plaintiffs former National Football League
the long-term chronic injuries,
suffered as a result of
("NFL" or "League") players who seek damages for
financial losses, expenses, and intangible losses they
Defendants' wrongful conduct with respect to concussive brain injuries sustained by
Plaintiffsduring their NFL careers and the subsequentdamaging effects.
2. For many decades, evidence has linked
injuries to long-term neurological problems in many
of the evidence and the subsequent damaging effects
concussive brain injuries; however, Defendants deliberately ignored, misrepresented
and actively concealed the information from Plaintiffs and all others who participated
in organized football.
3. In 1994, the NFL voluntarily undertook
Traumatic Brain Injury Committee (the "MTBI") in an attempt to undermine existing
scientific studies and evidence that linked head concussions received by NFL players
to long-term neurological problems. In 1997, Riddell became a part of the MTBFs
project of assessing concussions and health consequences to NFL players by
analyzing and reconstructing head impacts. These studies have largely contradicted
over 75 years of weighted scientific evidence.
4. Simply put, Defendants not only failed to inform players of the true risks
of concussive brain injuries and the subsequent damaging effects, but also
fraudulently misrepresented and concealed medical evidence on the issue froml
COMPLAINT
repetitive concussive brain
sports. Defendants were aware
associated with repetitive
to create and fund the Mild
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Plaintiffs.
II. JURISDICTION AND VENUE
5. Jurisdiction is based upon the California Constitution Article 6, Section
10.
6. Venue is proper in this Court pursuant to Section 395(A) of the
California Code ofCivil Procedure.
III. IDENTIFICATION OF THE PARTIES
Plaintiffs
7. Mr. Johnnie Morton is a resident ofand
California.
8. Mr. Kez McCorvey is a resident of and
Florida.
9. Mr. Kurt Barber is a resident of and is dbmiciled in the State of
Kentucky.
10. Mr. Mike Sherrard is a resident of and i^ domiciled in the State of
California.
11. Mr. Stockar McDougle and his wife, Odtavia, are residents of and are
domiciled in the State of Florida.
12. Mr. Toi Cook andhis wife, Kristine, arcj residents of and are domiciled
in the State ofCalifornia.
13. Mr. Brian C. Dudley is a resident of ancj is domiciled in the State of
California.
14. Mr. Brad Booth is a resident of and is domiciled in the State of
California.
15. Mr. Chris Hale is a resident ofand is domiciled in the State ofCalifornia.
16. Mr. John Jackson and his wife, Ann Frances, are residents ofand are
domiciled in the State of California.
17. Mr. Dennis Clayand his wife, Stacey, a|"e residents of and are domiciled
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is domiciled in the State of
is domiciled in the State of
COMPLAINT
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in the State of California.
18. Mr. Norman Scott Byers and his wife, Stephanie, are residents ofand are
domiciled in the State ofCalifornia.
19. Mr. DairyICrane is a resident of and is domiciled in the State of Florida.
Defendants
e "NFL") is an unincorporated
dependently-operated member
of business located at 280 Park
gaged in interstate commerce
g the sole major professional
Idrly conducts business in the
successor-in-interest to National
is a limited liability company
off Delaware with its headquarters
in, among other activities, the
used by all the NFL teams,
ofCalifornia,
^ports Group, Inc.) ("Riddell,
he laws of the State of Illinois
Milwaukee Avenue, Chicago,
ofdesigning, manufacturing,
helmets, to the NFL, and has
£89. Riddell, Inc. regularly
20. Defendant National Football League (th
association, consisting of 32 separately-owned and
clubs, with its headquarters and principal place
Avenue, New York, New York 10017. The NFL is
and is in the business of, among other things, operatin
football league in the United States. The NFL regu
State of California.
21. Defendant NFL Properties, LLC, as the
FootballLeague Properties, Inc. ("NFL Properties")
organized and existing under the laws of the State
in the State ofNew York. NFL Properties is engag
approving of licensing and the promotion of equipment
NFL Properties regularly conducts business in the
22. Defendant Riddell, Inc. (d/b/a Riddell
Inc.") is a corporation organized and existing under
with its principal place of business at 3670 North
Illinois 60641. Riddell, Inc. is engaged in the business
selling and distributing football equipment, includin
been the official helmet provider of the NFL since 1
conducts business in the State of California.
23. Defendant All American Sports Corporat
American) ("All American Sports") is a corporation
laws of the State of Delaware with its principal places
in
em
COMPLAINT
*ed
State
g
ion (d/b/a Riddell/All
organized and existing under the
of business at 669 Sugar Lane,
to
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Elyria, Ohio 44035. All American Sports is engaged
manufacturing, selling and distributing football
NFL, and has been the official helmet provider of the^
Sports regularly conducts business in the State of Ca
24. Defendant Riddell Sports Group, Inc. ("
corporation organized and existing under the laws
principal place of business at 6255 N. State Highway^
Riddell Sports Group operates as a subsidiary of
Sport Groups regularly conducts business in the Stat^
25. Defendant Easton-Bell Sports, Inc. is a
existing under the laws of the State of Delaware with
7855 Haskell Avenue, Suite 200, Van Nuys,
Inc. is a parent corporation of Riddell Sports Group
engaged in the business of designing, developing and!
equipment and accessories, including marketing and
Riddell brand. Easton-Bell Sports, Inc. regularly
California.
26. Defendant Easton-Bell Sports, LLC ('
corporation organized and existing under the laws
principal place of business at 152 West 57th Street,
Easton-Bell Sports, LLC is the parent corporation of
Bell Sports, LLC regularly conducts business in the
27. Defendant EB Sports Corp. is a
the laws of the State of Delaware with its principal p
Avenue, Van Nuys, California 91406. All of the i
common stock of EB Sports Corp. is owned by
Corp. regularly conducts business in the State
28. Defendant RBG Holdings Corp. is a
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in the business ofdesigning,
, including helmets, to the
NFL since 1989. All American
ifornia.
Riddell Sports Group") is a
State of Delaware with its
Suite 300, Irving, Texas 76038.
Bell Sports, Inc. Riddell
of California.
Corporation organized and
its principal place of business at
ia 91406. Easton-Bell Sports,
Easton-Bell Sports, Inc. is
marketing branded athletic
licensing products under the
conducts business in the State of
Easton-Bell Sports, LLC") is a
of the State of Delaware with its
New York, New York 10019.
Easton-Bell Sports, Inc. Easton-
State of California,
corporation organized and existing under
ace of business at 7855 Haskell
issiied and outstanding voting
Eastdn-Bell Sports, LLC. EB Sports
of California.
corporation organized and existing
equipment
of the
Easlon
California
COMPLAINT
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under the laws of the State of Delaware with its princ
Haskell Avenue, Suite 350, Van Nuys, California
wholly-owned subsidiary of EB Sports Corp. RBG
conducts business in the State ofCalifornia.
29. Defendants Riddell, Inc., All American
Easton-Bell Sports, Inc., Easton-Bell Sports, LLC,
Holdings Corp., shall hereinafter be referred to collectively
"Riddell Defendants." The NFL and Riddell are collectively
"Defendants."
IV. GENERAL ALLEGATIONS
ipal place of business at 7855
91406. RBG Holdings Corp. is a
foldings Corp. regularly
Sports, Riddell Sports Group,
Sports Corp. and RBG
as "Riddell" or the
referred to as
EB
The NFL
30. The NFL was founded as the American
Association in 1920 and has been known as the Nati
1922. The NFL is and was, at all times herein
managing, governing and promoting the game
and league policies, and regulating team ownership.
31. Today, the NFL consists of 32 team
annually, and has tremendous influence in the poli
to football-related injuries. According to a recent
spentnearly $5.5 million on lobbying firms since
including, player concussions. According to NFL
NFL has invested over $5 million in researching
32. Upon information and belief, Plaintiffs
brain injuries while playing and/or practicing during
Riddell
33.
Professional Football
(^nal Football League (NFL) sincementioned, engaged in the business of
of football, setting and enforcing rules
members, generates over $9 billion
iticls and medical research relating
WkU Street Journal article, the NFL
2006 to address a host of issues,
Commissioner Roger Goodell, the
concussions alone.
sustained one or more concussive
their NFL careers.
The Riddell Defendants are and were, a
engaged in the business of designing, manufacturing
equipment, includinghelmets, to the NFL. Since
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all times herein mentioned,
, selling and distributing football
, Riddell's helmets have been1989
COMPLAINT
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the "official helmet of the NFL." Riddell is currently under contract with the NFL
helmet provider through 2014.
NFL are manufactured by
allowing Riddell to continue as the NFL's primary
The NFL estimates that 75% of the helmets used in
Riddell - Riddell estimates that figure is 77%.
34. In 1997, Riddell became a part of the
concussions and health consequences to NFL players
Ihead impacts.35. In 2006, Riddell undertook a study
co-authored by members of the MTBI. The study
helmet as reducing the risk of concussions in over 2,
Western Pennsylvania. The study has been publicly
36. Upon information and belief, Plaintiffs
while playing and/or practicingduring their NFL
The CBA
37. Until March 2011, NFL players were
Football League Players Association ("NFLPA").
Collective Bargaining Agreement (the "CBA") settirp
contract for all players in the NFL with the National
Council ("NFLMC").
38. The CBA was in place since 1993 and
2006. The CBA was originally scheduled to expire
however, in 2008, the owners exercised their right tc|23 Searlier.
24 1 39. In 2011, the parties failed to reach an a:
Subsequently, the NFLPA was decertified as the
bargaining.
40. Plaintiffs herein are all retirees, are not
subject of or parties to any collective bargaining
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COMPLAINT
trie
MTBFs project of assessing
by analyzing and reconstructing
appearing in Neurosurgery that was
touted Riddell's "Revolution"
000 high school athletes in
criticized as being worthless,
wore Riddell helmets at time
careers.
all members of the National
NFLPA negotiates the
g forth the general minimum
Football League Management
The
^vas amended in 1998 and again in
the end of the 2012 season;
opt-out of the CBA two years .
at
greement for a new CBA.
placers' representative for collective
covered by the CBA, and are not
betiveen the NFL and the NFLPA.
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The CBA does not apply to Plaintiffs' present claims
preempted by federal labor law.
The Scientific Evidence On Concussion Risks
41. Physicians and academics have exhaustively
Thus, Plaintiffs' claims are not
dangers of concussions suffered both inside and
years.
42. In 1928, the first case of "Punch Drunk'
published in the American Association Journal by H
cranial injuries may result in a degenerative progressive
brain tissue, which may eventually result in the condition
encephalitis.
43. In 1952, theNew England Journal ofMt
1945 "three strike rule" for concussions in football -
playing football, you should retire.
44. In 1969, a report by the Royal College
confirmed the dangers of chronic brain damage occutnn
careers.
45. In 1973, neurosurgeon R.C. Schneider
disabling and sometimes deadly condition involving
occurring before symptoms of a first concussion di
termed "Second-impact syndrome" in 1984 by Dr. R
46. In 1980, the Clinical Neurosurgery pub
head and neck injuries - an update," which conclude^!
physicians discourage further football participation i
cerebral concussions. Strong consideration must be
number and severity of the concussion, but also to
edema, contusion, or hemorrhage. With this incredibly
concussion, which is assorted with radiographic evidence
7
studied and reported the
outside of sports for well over 75
syndrome in boxers was
S. Martland, which found that
lesion or series of scars in the
known as traumatic
^dicine, Vol. 246, discussed a
if you receive three concussions
ofPhysicians of London
g in boxers as a result of their
first described the risks of a
a second impact concussion
ear. This phenomenon was
.L. Saunders.
ished an article titled, "Football
that: "Arbitrarily, most
an athlete has suffered three
given, however, not only to the
CAT scan evidence of cerebral
sensitive diagnostic tool, one
of structural brain damage,
disapp*
any
COMPLAINT
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may be enough to strongly discourage or forbid further football participation."
47. In 1982, the Canadian Medical Association Journal published an article
titled "Return to athletic competition following concussion," which concluded that:
"The basic recommendation is that return to training and competition should be
deferred until all associated symptoms such as headaches have completely resolved.
The decision to return must take into account the nature of the sport, the athlete's
level ofparticipation and the cumulative effect ofprevious concussions. Some
athletes will have to avoid any further participation of their sport."
48. In 1986, the Physician and Sports Medicine Journal published an article
by Dr. Robert Cantu titled "Guidelines for return to contact sports after cerebral
concussion," which established a system to grade the severity of concussions and
corresponding guidelines for when players should return. Specifically, the Cantu
guidelines permit an athlete to return to play after one week ofsustaining a first low-
grade concussion only if the athlete is asymptomatic,
49. In 1991, JAMA published an article titled "Concussion in sports.
Guidelines for the prevention ofcatastrophic outcome," which described "a high
school football player who died ofdiffuse brain swelling after repeated concussions
without loss of consciousness" and guidelines "to reduce the risk of such serious
catastrophic outcomes after concussion in sports."
50. In 2000, a University of North Carolina study, published in the
September-October issue ofthe American Journal ofSports Medicine, found that "the
brain is more susceptible to injury when it has not had enough time to recover from a
first injury" and "recurrences are more likely because injured players are returning to
practice and to games too quickly after blows to the
51. In 2001, a report by Dr. Frederick Muel
Athlete Training reported that at least one football-related fatality occurred every year
from 1945 through 1999, except for 1990. Head-related deaths accounted for 69% of
football fatalities. From 1984 through 1999,69 football head-related injuries resulted
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COMPLAINT
head."
ler published in the Journal of
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52. In 2002, Dr. Bennet Omalu, a forensic pathologist and neuropathologist
in Pittsburgh, Pennsylvania, identified a brain condition termed "Chronic Traumatic
Encephalopathy" or "CTE." Dr. Omalu discovered the condition, marked by dark
brown protein staining on the brain while studying the brain of Mike Webster, a
National Football League Hall of Famer who died at the age of 50 after years of
severe depression and dementia that had reduced him to homelessness. By 2007, Dr.
Omalu had identified CTE in the brains of three other deceased former NFL players.
He determined the type of brain damage he found in the players wasof the same type
found in punch-drunk boxers. To date, neuroanatomists have performed autopsies on
13 former NFL players who died after exhibiting signs of degenerative brain disease.
Twelve of these players were found to have suffered
53. In 2003, Dr. Kevin Guskiewicz of the Ui
found that having three or four concussions meant twice the risk of depression as
never-concussed players, and five or more concussions meant nearly a threefold risk.
In 2005, Dr. Guskiewicz also found that retired NFL players who sustained three or
more concussions were five times as likely to suffer Mild Cognitive Impairment
("MCI") than retired NFL players who had no history ofconcussions.
54. In 2003, a NCAA studyof 2,905 college football players found that
those who have suffered concussions are more susceptible to further head trauma for
7 to 10 days after the injury.
55. In 2008, Dr. Ann McKee ("McKee") off Boston University examined thebrain tissues of deceased NFL players - John Grimsley ("Grimsley") and Tom
McHale ("McHale") (both died at the age of 45). McKee found that Grimsley and
McHale's brain tissue exhibited indications of CTE.
way to decrease the incidence ofCTE is to decrease
McKee further noted that "there is overwhelming evidence that [CTE] is the result ofrepeated sublethal brain trauma."
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COMPLAINT
from CTE.
niversity of North Carolina
McKee noted that "the easiest
the number of concussions."
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56. In 2008, Boston University School
Traumatic Encephalopathy (CSTE) found signs of"
of ex-NFL athletes. The CSTE also found that
of thirty and forty-nine experienced memory loss at a
average population. ,
57. In 2009, the University of Michigan's Institute
published a study of retired NFL players which found
diagnosed with Alzheimer's disease or similar medical
the national population, including a rate of 19 times
aged 30 to 49.
58. The foregoing references are by no meaitis
Defendants Have A Duty To The Placers
59. The NFL possesses monopoly power
the research and education of physicians, trainers,
brain damage such as Plaintiffs, as well as the public
injuries. Even more, the NFL overtly undertook the
to study concussions on behalf of all American Rules
As a result, the NFL owed a duty to everyone,
respects:
(a) It owed a duty of reasonable care
practicing or playing football during their NFL
(b) It owed a duty of reasonable care
and other players in the NFL about concussion
(c) It owed a duty of reasonable care
physicians, trainers and coaches about concussion
(d) It owed a duty of reasonable care
return-to-play guidelines to prevent concussior^
(e) It owed a duty of reasonable care
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COMPLAINT
of Mbdicine's Center for the Study of
severe degradation" in the brains
former NFL players between the ages
rate 19 times higher than the
for Social Research
that retired NFL players are
conditions far more often than
normal incidence for menthe
over
exhaustive.
And The Public
American Football and over
coaches and NFL players with
at large, with regard to football
^iuty tocreate and fund the MTBI
Football leagues and players,
includingPlaintiffs, in the following
to protect Plaintiffs while
careers;
to Plaintiffs to educate Plaintiffs
injury and/or CTE;
to Plaintiff to educate
injury and/or CTE;
to Plaintiff to have in place strict
injury and/or CTE;
to Plaintiffs to promote a
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"whistleblower" system where teammates may bring to the attention of a
physician, trainer or coach that anotherplayerhas sustained concussion injury;
(f) It owned a duty of reasonable care to Plaintiffs to design rules and
adequate penalties for players who use their head or upper body to hitor tackle;
(g) It owed a duty of reasonable care
eliminate the risk of concussion during games
(h) It owed a duty of reasonable care
into and cure for concussion injury and/or CTE; and
(i) It owed a duty of reasonable care
sports organizations, all American Football leagues and players, and the public
at large to protect against the long-termeffects
CTE.
60. In 1997, Riddell undertook to become a
assessing concessions and health consequences to NFL players by analyzing and
reconstructing head impacts. In 2006, Riddell undercook a study appearing in
Neurosurgery that was co-authored by members of the MTBI. The study touted
Riddell's "Revolution" helmet as reducing the risk o\school athletes in Western Pennsylvania. The study
being worthless.
61. The NFL and Riddell knew as early as the 1920'sof the potential
harmful effects on a player's brainofconcussions, but concealed these facts from
physicians, trainers, coaches, players and the public until June 2010.
62. Prior to June 2010, Plaintiffs did not know, nor had reason to know, the
long-term effects of concussions and relied on the NFL and Riddell to protect them.
Defendants' Knowledge Of Concussions Risls Threatening The Players
63. For decades, Defendants have known
term brain injury, including headaches, dizziness,
disease and death. Defendants' knowledge of the
n
COMPLAINT
to Plaintiffs to design rules to
and/or practices;
to Plaintiffs to promote research
I; and
to State governments, local
jues and players, and the pi
of concussion injury and/or
part of the MTBI's project of
f concussions in over 2,000 high
has been publicly criticized as
that concussions can lead to long-
deimentia, depression, Alzheimer's
concussion risks threatening the
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players is evidenced by Defendants' undertakings to
studies.
64. In addition, for over 75 years, the scientific
produced and published medical literature in the United
industrialized countries relating to and discussing the
particularly players of American football - of repeated
These publications were all available and easily accessible
The NFL Ignored And Fraudulently
study and/or fund concussion
and medical community has
States and other
harmful effect on humans -
concessive blows to the head.
to all Defendants.
Misrepresented
The Concussion Risks Threatening The Players
65. Despite over 75 years of study and
medical community, the supervisory and manag
studies funded by the NFL (as set forth more fully
representatives, until more recently, have continuou
relationship betweenNFL players suffering
policies regarding tackling methodology or the NFL
long-term problems such as headaches, dizziness,
Alzheimer's disease that many retired players have ej:
been evidenced in NFL publications, NFL sponsored
testimony of NFL representatives before Congress,
only has the NFL ignored the causal connection, the
in fraudulently concealing and downplaying any
football in the NFL and brain injury or illness.
66. In the early 1970s, the NFL became
the rate and seriousness of concussion in the sport of
NFL became aware of the publication of a helmet
Operating Committee on Standards for Athletic Equi
helmets, and which was intended to improve upon
the risk of head injury. The NFL also learned that
12
knowled;ge within the scientific and
role of the NFL, and the
, the NFL and its designated
and vehemently ignored any
while playing, the NFL
policies about return-to-play, and
, depression, and/or
xperienced. Such ignorance has
so-called medical studies,
in the media. Indeed, not
NFL has also taken an active role
between concussions in
jement
below)
sly
concussions
and
connection
aware
the
the
COMPLAINT
of publications accounting for
football. At the same time, the
standard, known as the National
pment (NOCSAE) for football
safety of helmets and minimize
NCAA and National High
IS)
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School Football Federations (NHSFF) had adopted a
beginning of the 1978 season that all helmets used in
must be approved for sale and comply with the
NFL did not make or adopt a similar policy at that
67. In 1976, the NCAA and NHSFF began
mask combination was contributing to the use of the
weapon, which in turn increased the rate of concussi0ns
and NHSFF initiated changes which prohibited contalct
tackling. While the NFL was aware of these risks
NCAA and NHSFF, it failed to take similar action at
1970s, 1980s, 1990s and 2000s, NFL players were
encouraged to use all portions of their helmets to
injure opposing players by hitting with their helmeteji
condonedby the NFL and/or were not significantly
68. It was not until 1979 that the NFL finallypenalty (though trivial) against players who are found
policy requiring by the
their respective organizations
NOCSAE standard. However, the
time
to
and
recognize that the helmet-face
iclmeted head as an offensive
Accordingly, the NCAA
of the head in blocking and
the changes made by the
that time. Instead, during the
ing coached, trained and
, tackle, butt, spear, ram and/or
heads. These techniques were
cjondemned by theNFL.
issued a rule that charged a
to have used their helmets to
of the helmet. This undertaking
pjlayers, however, fell far short of
have taken. This rule came
l^fHSFF were adopted and limited
helmet, which ignored the
other than with the crown or
high rate of concussions among
be in
block
n [butt, spear or ram an opponent with the crown or top18
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by the NFL, based upon its duty of care to the NFL
the important safety and injury prevention that it
several years after the 1976 rules by the NCAA and
the penalty only to contact with the crown or top of
more prevalent practice of other helmet contact (
top of the helmet) that was causing a substantial and
NFL players.
69. In 1994, the NFL voluntarily undertook
it's so-called "expert" committee - to purportedly si
NFL players. The MTBI was chaired by Dr. Elliot
had no special knowledge of brain injuries or c
13
should
tie
contact
COMPLAINT
to create and fund the MTBI -
tudy the effects of concussions on
PJellman, a rheumatologist who
concus$ions. As explained more fully
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below, the MTBI's NFL-funded "studies" (based on
which omitted large numbersof players from its
established findings and did nothing but fraudulently
downplay clear medical evidence that on-field
long-term neurological problems for players.
70. Forexample, in 2004, the MTBI published
that it found there was "no evidence of worsening injury
of multiple [mild traumatic brain injury] in NFL play
10-day window of increased susceptibility to sustainini
However, this article sends the message that it is acc^while still symptomatic, which contradicts literature
years finding that athletes should be returned to play
the injury and only if they are asymptomatic.
71. As a further example, in 2005, the MTE)I
that returning to play after a concussion "does not
injury either in the same game or during the season.'1
of 2,905 college football players found just the oppositeconcussions are more susceptible to further head trauma
72. On August 14,2007, the NFL issueda
pamphlets to its players - misinforming and downpl^yi
brain injuries and the subsequent damaging effects
and pamphlets stated that:
Current research with professional athleptes
more than one or two concussions leads
important to understandthat there is no
concussions is too many. (Emphasis
73. In November 2008 (and reiterated in I.
Greg Aiello ("Aiello") (again misinforming and
14
bias data collection techniques,
studies) regularly contradicted
conceal, misrepresent and
brain injury led directly toconcussive
COMPLAINT
a paper in which it asserted
or chronic cumulative effects
ers" and that there was no "7 to
g another concussion."
ptable to return players to play
published over the past twenty
only after one week of sustaining
published an article asserting
inVolve significant risk of a second
However, a 2003 NCAA study
: "Those who have suffered
(Emphasis added),
jjiress release and "informational"
ng the risks of concussive
fo its players. The press release
has not shown that having
to permanent problems.... It is
magic number for how many
ac|ded).
September 2009), NFL spokesman
downplaying the risks ofconcussive
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brain injuries and subsequent effects to the players) stated to the press:
Hundreds of thousands of people have played football and other sports
without experiencing any problem of this type and there continues to be
considerable debate within the medical community on the precise long-
term effects of concussions and how they relate to other risk factors.
Aiello neglected to mention that the "debate" was principally between scientists paid
by the NFL and scientists operating independently ofthe NFL and that players and
teams have incentive for players to return to games despite persistent symptoms.
| 74. Surprisingly, in aDecember 20, 2009 interview, Aiello - who had sosteadfastly denied any causal link between concussions and brain injury justa few
months earlier - admitted that "it's quite obvious from the medical research that's
been done that concussions... lead to long-term probi
75. Nevertheless, at a January 2010 congressional hearing, Dr. Ira Casson of
the MBTI provided oral and written testimony denying the validity ofstudies finding
a causal link betweenconcussions and long-term neurological problems.
76. It was not until June 2010 that the NFL conceded that its efforts with
respect to concussions and brain injury and its research by the MTBI were rife with
duplicity, conflicts of interest and shocking ineptitude and itwas not until this time
that the NFL finally warned any player of the long-term risks associated with multiple
concussions, including headaches, dizziness, dementia, depression, Alzheimer's
disease, CTE and its related symptoms, and death.
Riddell Abetted The NFL And Misrepresented The Concussion RisksThreatening The Players
77. Riddell manufactures helmets for use by NFL players. Since 1989, the
Riddell helmet has been the NFL's official helmet and Riddell is the only helmet
manufacturer allowed to display its logo on helmets used in NFL games. Prior to the
commencement of the 2010 season, Riddell renewed
allowing Riddell to continue as the NFL's primary helmet provider through 2014.15
COMPLAINT
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The NFL estimates that 75% of the helmets used in the NFL are manufactured by
Riddell (Riddell estimates that figure is 77%).
78. Riddell has long been aware of medical issues concerning head injuries
and concussions. Nonetheless, despite being the maker of the "official helmet" for
the NFL, it did nothing to prevent the NFL's misrepresentations and concealment
described in preceding paragraphs.
79. Indeed, Riddell actively abetted the work of the NFL's MTBI. In 1997,
Riddell became a part of the MTBI's project ofassessing concessions and health
consequences to NFL players by analyzing and reconstructing head impacts. In 2006,
Riddell sponsored a study appearing in Neurosurgery that was co-authored by
members of the MTBI. The studytouted Riddell's "Revolution"helmetas reducing
the risk ofconcussions in over 2,000 high school athl
The study has been publicly criticized as providing pi
security and being worthless.
80. Riddell failed to warn active players of the risk of concussive brain
injuries and the subsequent damaging effects until approximately the same time as the
NFL.
Defendants' Conduct Rises Beyond Mere Negligence
81. The aforementioned acts and omissions of Defendants demonstrate that
Defendants acted with callous indifference to the rights of and the duties owed to
Plaintiffs, the all American Rules Football leagues arid players, and the public at
large.
82. The conduct of Defendants was willful and wanton and exhibits a
recklessdisregard for the rights and safety of the players. Defendants, and each of
them, knew that a substantial risk of physical and mental harm to NFL players existed
in connection with repeated concussive brain injuries. Defendants, and each of them,
consciously, willfully, and deliberately disregarded the safety of others in continually
undertaking to establish and promulgate rules for the
16
COMPLAINT
etes in Western Pennsylvania,
ayers with a mistaken sense of
NFL, but failing to address or
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760727
disclose this substantial risk, as immediately aforesaid
and/or continuing to manufacture, sell, and distribute
knew would not protect,players against this risk.
83. Why NFL policy changes, accurate inforination
the long-term risks associated with multiple concussions
the NFL's so called "expert" committee soon after it&
by the NFL and/or its "official helmet" manufacturer}
to even admit that there was a problem is difficult to
Equitable Tolling
, in connection with such rules,
football helmets which they
84. The applicable statute of limitations is
fraudulent concealment of the dangers and adverse e
concussions made it impossible for Plaintiffs to leam
85. Plaintiffs did not become reasonably
the adverse side effects associated with their head in
June 2010 when Defendants finally warned any
associated with multiple concussions, including
depression, Alzheimer's disease, CTE and its related
accrual of a complete cause ofaction relating to the
of the injury did not exist until that time.
86. Defendants were under a continuing
the head injuries and concussions received byPlaintiffs
87. Defendants, in the court of their businesses
material key facts about the dangers and adverse effects
concussions received by Plaintiffs, which prevented
between their on-field head injuries and concussions
mental health. Because of Defendants' concealment
estopped from relying on any statute of limitation defense
Johnnie Morton
17
sharing and warnings of
were not recommended by
creation in 1994, or even earlier
, or why it took the NFL 16 years
comprehend.
foiled because Defendants'
fects of head injuries and
of the hazards to their health,
aware of the dangerous nature of or
uries and concussions prior to
of the long-term risks
headaches, dizziness, dementia,
symptoms, and death. The
Cognizable physical manifestation
player
COMPLAINT
duty to disclose the true nature of
, concealed and omitted
of head injuries and
Plaintiffs from discovering a link
and their long-term physical and
and omission, Defendants are
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88. Plaintiff Johnnie Morton was born on
California. He currently lives in Los Angeles, Cali
89. Plaintiff Johnnie Morton was drafted in
Draft, and played for the Detroit Lions from 1994
season, Johnnie Morton joined the Kansas City Chiefs
played for the San Francisco 49ers.
90. PlaintiffJohnnie Morton suffered multir)!
improperly diagnosed and improperly treated througl
football player in the NFL.
91. Plaintiff Johnnie Morton was not warned
Inc. or Riddell Defendants of the risk of long-term i
concussions or that the league-mandated equipment
injury. This was a substantial factor in causing his
92. Plaintiff Johnnie Morton suffers from
October 7, 1971, in Inglewood,
fornia.
the First Round of the NFL
gh2001. Following the 2001
through 2004. In 2005, he
throu
injuriesaffecting multiple areas ofhis brain and i
following symptoms: headaches, memory loss,
Kez McCorvey
93. Plaintiff Kez McCorvey was born on Jahuary
Mississippi. He currently lives in Tallahassee, Florida
children.
94. Plaintiff Kez McCorvey was drafted in
Receiver for the Detroit Lions from 1995 through
with the Carolina Panthers.
95. PlaintiffKez McCorvey suffered multip|l
improperly diagnosed and improperly treated througl
football player in the NFL.
96. Plaintiff Kez McCorvey was not warned
Inc. or Riddell Defendants of the risk of long-term injury
18
COMPLAINT
e concussions that were
hout his career as a professional
by the NFL, NFL Properties,
in|ury due to football-related
did not protect him from such
current injury.
multiple past traumatic brain
includes but is not limited to the
dizziness and depression.
1998
23, 1972inGautier,
, with his wife and four
tjhe Fifth Round, and played as a
In 1999, he attended camp
e concussions that were
t^out hiscareer as a professional
by the NFL, NFL Properties,
due to football-related
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concussions or that the league-mandated equipment
injury. This was a substantial factor in causing his
97. Plaintiff Kez McCorvey suffers from mji
injuries affecting multiple areas of his brain and i
following symptoms: headaches, memory loss,
ringing in the ears,dizziness anddepression.
Kurt Barber
did not protect him from such
current injury.
Itiple past traumatic brain
includes but is not limited to the
blurred vision, tingling in the neck,
January 5, 1969, in Kentucky. He98. Plaintiff Kurt Barber was born on
currently lives in Campbellsville, Kentucky.
99. Plaintiff Barber played for the New
Beginning in 1997, he attended camp with the Denver.
the Broncos and finished camp with the Chicago
100. Plaintiff Kurt Barber suffered multiple
diagnosed and improperly treated throughout his
player in the NFL.
101. Plaintiff Kurt Barber was not warned bV
or Riddell Defendants of the risk of long-term injury
concussions or that the league-mandated equipment
injury. This was a substantial factor in causing his
102. Plaintiff Kurt Barber suffers from multible
affectingmultiple areas of his brain and includes but
symptoms: short -term memory loss and depression.
Mike Sherrard
York Jets from 1992 through 1995.
, Broncos, was released from
Bears
cponcussions that were improperly
as a professional footballcareer
the NFL, NFL Properties, Inc.
due to football-related
^idnot protect him from such
injury,
past traumatic brain injuries
is not limited to the following
current
103. Plaintiff Mike Sherrard was born on June 21,1963, in Oakland,
California. He currently lives in Calabasas, California
104. Plaintiff Mike Sherrard played for the Dallas
1986, where he played until 1989. Beginning in 1989
Sherrard played for the San Francisco 49ers. In 199j}
19
COMPLAINT
Cowboys beginning in
through the 1992 season, Mike
, Sherrard moved to the New
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York Giants, and played in New York until approximately 1995. In his final year,1996, Mike Sherrard played for the Denver Broncos
105. Plaintiff Mike Sherrard suffered multipl^improperly diagnosed and improperly treated througljio
football player in the NFL.
106. Plaintiff Mike Sherrard was not warned
Inc. or Riddell Defendants of the risk of long-term injury
concussions or that the league-mandated equipment
injury. This was a substantial factor in causing his ciirrent
Stockar McDougl
107. Plaintiff Stockar McDougle was born
Lauderdale, Florida. He currently lives in Parkland,
108. Plaintiff Stockar McDougle played for
2004, the Miami Dolphins in2005 and the Jacksonvi
2008.
109. Plaintiff Stockar McDougle suffered mik
improperly diagnosed and improperly treated through
football player in the NFL.
110. Plaintiff Stockar McDougle was not
Properties, Inc. or Riddell Defendants of the risk
related concussions or that the league-mandated
such injury. Thiswas a substantial factor in causing
111. Plaintiff Stockar McDougle suffers
injuries affecting multiple areas of his brain and
following symptoms: headaches, memory loss, ringi
vision, light sensitivity, sleeplessness and early on
Toi Cook
on
concussions that were
ut his career as a professional
by the NFL, NFL Properties,
due to football-related
dad not protect him from such
injury.
January 11, 1977, in Fort
Florida.
he Detroit Lions from 2000 to
lie Jaguars in 2006 through
Itiple concussions that were
out his career as a professional
walrned by the NFL, NFL
g-term injurydue to football-
equjpment did not protect him from
his current injury,
multiple past traumatic brain
incliides but is not limited to the
g in the ears, double and blurred
dementia.
of ion
from
VM
set
112. Plaintiff Toi Cook was born on December 3, 1964, in Chicago, Illinois.
20
COMPLAINT
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He currently lives in Westlake Village, California.
113. Plaintiff Toi Cook played for the New
1993. Thereafter, he played for the San Francisco
the 1996 and 1997 seasons, Toi Cook played for the
114. Plaintiff Toi Cook suffered multiple
diagnosed and improperly treated throughout his
player in the NFL.
115. Plaintiff Toi Cook was not warned by
Riddell Defendants of the risk of long-term injury
or that the league-mandated equipment did not protect
was a substantial factor in causing his current injury
116. Plaintiff Toi Cook suffers from multiple
affecting multiple areas of his brain and includes but
symptoms: sleeplessness.
Brian C. Dudley
117. Plaintiff Brian C. Dudley was born on
California. He currently lives in Los Angeles, California
118. Plaintiff Brian C. Dudley played for the
1987 season.
119. Plaintiff Brian C. Dudley suffered multiple
improperly diagnosedand improperly treated througl
football player in the NFL.
120. PlaintiffBrian C. Dudley was not warnefd
Inc. or Riddell Defendants of the risk of long-term injury
concussions or that the league-mandated equipment
injury. This was a substantial factor in causing his
121. Plaintiff Brian C. Dudley suffers from
injuries affecting multiple areas ofhis brain and includes
21
Qrleans Saints from 1987 through
, from 1994 to 1995. During
Carolina Panthers,
concussions that were improperly
as a professional football
49ers,
career
COMPLAINT
the
due
NFL, NFL Properties, Inc. or
to football-related concussions
him from such injury. This
past traumatic brain injuries
is not limited to the following
^ugust 30, 1960, in Los Angeles,rnia.
Cleveland, Browns during the
concussions that were
J(iout his career as a professional
by the NFL, NFL Properties,
due to football-related
not protect him from such
injury,
njiultiple past traumatic brain
but is not limited to the
did
current
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following symptoms: short-term memory loss, headaphes, blurred vision and sleep-
deprived anxiety.
Brad Booth
iele|s122. Plaintiff Brad Booth lives in Los Ang
123. Plaintiff Brad Booth played for the Oil
124. Plaintiff Brad Booth suffered multiple
diagnosed and improperly treated throughout his
player in the NFL.
125. Plaintiff Brad Booth was not warned by
Riddell Defendants of the risk of long-term injury
or that the league-mandated equipment did not protect
was a substantial factor in causing his current injury.
126. Plaintiff Brad Booth suffers from mu
affecting multiple areas of his brain and includes but
symptoms:
Chris Hale
127. Plaintiff Chris Hale was born on January
California. He currently lives in West Covina, Cali
128. PlaintiffChris Hale played for the Buffalo
129. Plaintiff Chris Hale suffered multiple
diagnosed and improperly treated throughout his
player in the NFL.
130. Plaintiff Chris Hale was not warned by
Riddell Defendants of the risk of long-term injury
or that the league-mandated equipment did not protect
was a substantial factor in causing his current injury.
131. Plaintiff Chris Hale suffers from multip
affecting multiple areas of his brain and includes but
22
, California,
from 1987 to 1988.
concussions that were improperly
career as a professional football
lers
the NFL, NFL Properties, Inc. or
to football-related concussions
him from such injury. This
due
iltiple past traumatic brain injuries
is not limited to the following
4, 1966, in Monrovia,
folrnia.
Bills from 1989 through 1992.
concussions that were improperly
as a professional footballcareer
COMPLAINT
he NFL, NFL Properties, Inc. or
to football-related concussions
him from such injury. This
due
e past traumatic brain injuries
is not limited to the following
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symptoms: short-term memory loss.
John Jackson
132. Plaintiff John Jackson was born on January 2, 1967, in Brooklyn, New
York. He currently lives in Diamond Bar, California, with his wife, Ann Frances.
133. Plaintiff John Jackson played for the Arizona Cardinals from 1990
through 1992 and for the Chicago Bears in 1996.
134. Plaintiff John Jackson suffered multiple concussions that were
improperly diagnosed and improperly treated throughout his career as a professional
football player in the NFL.
135. Plaintiff John Jackson was not warned by the NFL, NFL Properties, Inc.
or Riddell Defendants of the risk of long-term injury due to football-related
concussions or that the league-mandated equipment did not protect him from such
injury. This was a substantial factor in causing his current injury.
136. Plaintiff John Jackson suffers from multiple past traumatic brain injuries
affecting multiple areas of his brain and includes but is not limited to the following
symptoms: short-term memory loss and anxiety.
Dennis Clay
137. PlaintiffDennis Clay was born on February 5, 1960, in Los Angeles,
California. He currently lives in Cerritos, California, with his wife, Stacey.
138. PlaintiffDennis Clay attended camp with the DallasCowboys in the
1983 pre-season.
139. During camp, Plaintiff Dennis Clay suffered at least oneconcussion that
was improperly diagnosed and improperly treated.
140. Plaintiff Dennis Clay was not warned by the NFL, NFL Properties, Inc.
or Riddell Defendants of the risk of long-term injury due to football-related
concussionsor that the league-mandated equipment did not protect him from such
injury. This was a substantial factor in causing his current injury.
141. Plaintiff Dennis Clay suffers from multiple past traumatic brain injuries
23
COMPLAINT
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affecting multiple areas of his brain and includes but
symptoms: headaches, blurred vision, short-term memory
Norman Scott Byeris
is not limited to the following
loss and anxiety.
142. Plaintiff Norman Scott Byers was born
NewJersey. He currently lives in Los Angeles, Cali
143. PlaintiffNorman Scott Byers played for
1982 through 1984.
144. PlaintiffNorman Scott Byers suffered
improperly diagnosed and improperly treated througi
football player in the NFL.
145. Plaintiff Norman Scott Byers was not
Properties, Inc. or Riddell Defendants of the risk of
related concussions or that the league-mandated
such injury. This wasa substantial factor in causing
146. Plaintiff Norman Scott Byers suffers
injuries affecting multiple areas of his brain and
following symptoms: headaches, short-term memory
Darryl Crane
147. Plaintiff Darryl Crane was born on
Florida. He currently lives in Orlando, Florida.
148. Plaintiff Darryl Crane played for the Pi
season and the 1987 season.
149. Plaintiff Darryl Crane suffered multiple
improperly diagnosed and improperly treated through
football player in the NFL.
150. Plaintiff Darryl Crane was not warned
or Riddell Defendants of the risk of long-term injury
concussions or that the league-mandated equipment
pn July 3, 1968, in Bayonne,
brnia, with his wife, Stephanie,
the San Diego Chargers from
multiple concussions that were
hout his career as a professional
warned by the NFL, NFL
l^>ng-term injury due to football-
equipment did not protect him from
his current injury.
multiple past traumatic brain
includes but is not limited to the
loss and anxiety.
October 24,1960, in Jacksonville,
tfsburgh Steelers in the 1983 pre-
concussions that were
out his career as a professional
from
24
COMPLAINT
by the NFL, NFL Properties, Inc.
due to football-related
did not protect him from such
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injury. This was a substantial factor incausing his current injury.
151. Plaintiff Darryl Crane suffers from multiple past traumatic brain injuries
affecting multiple areas of his brain and includes but is not limited to the following
symptoms: chronic re-occurring TMJ, pain in the neck, constant headaches, sleep
deprivation, depression, chronic fatigue, dizziness, memory loss, sudden confusion,
blurred vision, diminished hearing, severe joint pain,
of taste sensory.
FIRST CAUSE OF ACTION
NEGLIGENCE
(As Against The NF1
152. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set
forth herein at length.
153. By managing, governing and promoting the game offootball, setting and
enforcing rules and league policies, regulating team ownership, affirmatively and
voluntarily establishing the MTBI to examine the dangers and consequences of
concussive brain injuries to NFL players, and by and through its monopoly power in
American football, theNFL assumed a gratuitous independent tort duty to protect the
health and safety of its players, including Plaintiffs, including, but not limited to, a
duty to establish and enforce rules that protect its players, a duty to use reasonable
care in researching, studying and/or examining the dangers and risks of concussive
brain injuries and the subsequent damaging effects to its players, a duty to inform and
warn itsplayers of such risks, and a duty to take other reasonable action to minimize
such risks to its players.
154. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to enact rules,
policies and regulations to bestprotect its players, including, but not limited to,
mandatory rules thatwould prevent a player who suffered a concussive brain injury
from returning to play or practice at risk of further injury.
25
COMPLAINT
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155. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by implementing
standardized post-concussion guidelines, which permitted players to return to play or
practice too soon after aconcussive brain injury, which were false and misleading,and which failed to apprise Plaintiffs ofthe risks ofconcussive brain injuries and the
subsequent damaging effects.
156. TheNFL breached itsduty to itsplayers, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to invoke
league-wide guidelines, policies and procedures regarding the identification and
treatment of concussive brain injury, and the return to play after a concussive brain
injury.
157. TheNFL breached itsduty to its players;, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to provide
complete, current, and competent information and di rections to NFL physicians,
trainers and coaches regarding concussive brain injuries and its prevention, symptoms
and treatment.
158. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to properly
inform or warn its players, including Plaintiffs, and the public ofthe risks of
concussive brain injuries and the subsequent damaging effects.
159. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect thehealth and safety of its pi ayers by failing to ensure
accurate diagnosis and recording of concussive brain injury be taken of itsplayers so
conditions may be treated in an adequate and timely manner.
160. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its p; ayers by failing to regulate and
monitor practices, games, equipment, and medical care soas to minimize the long-
term risks associated with concussive brain injuries suffered by its players, including
26
COMPLAINT
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Plaintiffs.
161. The NFL breached its duty to its playersi including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to licenseand
approve the best equipment available that will reduce the risk of concussive brain
injury.
162. The NFL breached its duty to its playersi, including Plaintiffs, to use
7 ordinary care to protect the health and safety of its players by failing to use reasonable
8 care in the manner in which it created the MTBI and in the appointment of physicians
9 to head the MTBI who were not qualified for the job.
10 163. The NFL breached its duty to its players, including Plaintiffs, to use
11 ordinary care to protect the health and safety of its players by failing to use reasonable
12 care in researching, studyingand/or examining the risks of head injuriesand/or
13 concussions in professional football and indownplaying (and in many cases, denying)
14 both the seriousness of such injuriesand the clear causal connection between
15
16
concussions and brain damage.
164. The NFL breached its duty to its players}, including Plaintiffs, to use
7 ordinary care to protect the health and safety of its players by failing to use reasonable
care in responding to independent scientific studies on the riskof concussive brain
injuries and the subsequent damaging effects.
165. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by failing to use reasonable
care in denying and/or ignoring scientific evidence connecting concussive brain
injuries to the risk of brain disease.
166. The NFL breached its duty to its players, including Plaintiffs, to use
ordinary care to protect the health and safety of its players by engaging in practices
that restrain the development of good science on the problem of concussion injuries.
167. The NFL breached its duty to its players, including Plaintiffs, to use
ordinarycare to protect the health and safety of its players by failing to prevent its
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COMPLAINT
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players, including Plaintiffs, from being coached,
portions of their helmets to block, tackle, butt, spear,
players by hitting with their helmeted heads.
168. The NFL breached its duty to its players
ordinary care to protect the health and safety of its
significantly condemn its players, including Plaintiff^
their helmets to block, tackle, butt, spear, ram and/or
hitting with their helmeted heads.
169. The NFL breached its duty to its players
ordinary care to protect the health and safety of its
including Plaintiffs, to an increased risk ofconcussive
170. Plaintiffs relied on the NFL's mi
misrepresentations and omissions) detailed herein to
171. Had the NFL taken the necessary steps
including Plaintiffs, by developing and implementin
and procedures and properly informing, educating
with the NFL in the recognition, prevention and
injuries, then the NFL players, including Plaintiffs,
subject condition, would have recovered from the
have suffered the subsequent damaging effects of dii
172. Under all of the above circumstances, it
breach of its duties would cause or substantially
Plaintiffs.
173. The NFL's omissions and commissions
constituted negligence.
174. The NFL's negligence was a proximate
injuries suffered by Plaintiffs.
175. As a result of Plaintiffs' injuries, they
28
COMPLAINT
trained and encouraged to use all
ram and/or injure opposing
including Plaintiffs, to use
ers by condoning or failing to
, from using of all portions of
injure opposing players by
play
, including Plaintiffs, to use
players by subjecting players,
brain injury,
srepres^ntations (including affirmative
their detriment,
oversee and protect its players,
necessary guidelines, policies
training all persons involved
treatment of concussive brain
would not have suffered from the
>ject condition, and/or would not
subject condition,
was foreseeable that the NFL's
contribute to the injuries suffered by
collectively and severally,
and producing cause of the
are entitled to damages, as alleged
to
and
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herein or allowed by law, from the NFL in an amount to be reasonably anticipated to
exceed the jurisdictional minimum of $25,000.
SECOND CAUSE OF ACTION
FRAUD
(As Against The NFL)
176. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set
forth herein at length.
177. Until June 2010, the NFL, through its MTBI, its agents and others, made
material misrepresentations (and omissions) to its players, former players, including
Plaintiffs, Congress and the public that there was no causal link between concussions
and subsequent brain injury, including headaches, dizziness, dementia, depression,
Alzheimer's disease, CTE and death and that NFL players, including Plaintiffs, were
not at an increased risk of head injury if they returned to play or practice too soon
after suffering a head injury.
178. The material misrepresentations were made by agents of the NFLon
16 multiple occasions, including, but not limited to MTBI publications, the August 14,
2007 press release and"informational" pamphlets issued to NFL players, and the
November 2008 press statement made by NFL spokesman Aiello.
179. The persons who made the misrepresentations wereagents of the NFL
and knew they were false when they were made.
180. The persons who made the misrepresentations, as agents of the NFL,
intended to defraud, among others, Plaintiffs in this actionand to prevent negative
publicity and increased scrutiny of its medical practices.
181. Plaintiffs, among others, justifiably relied on these misrepresentations to
their detriment in returning to play or practice too soon or not seeking appropriate
medical care after sustaining a head injury.
182. The NFL knew, or should have known,
NFL's misrepresentations.
that Plaintiffs would rely on the
29
COMPLAINT
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183. Plaintiffs, among others, were damaged
Among other things, they require increased home
costs and pain and suffering.
184. As a result of Plaintiffs' injuries, they
herein or allowed by law, from the NFL in an amount
exceed the jurisdictional minimum of $25,000.
THIRD CAUSE OF ACTION
by these misrepresentations.
, loss of employment, medicalcare
are entitled to damages, as alleged
to be reasonably anticipated to
FRAUDULENT CONCEALMENT
(Against the NFL)
185. Plaintiffs incorporate by reference the
herein at length.
186. The NFL and its MTBI concealed from
brain injuries and the risk to Plaintiffs if they returned
after suffering from a head injury.
187. In particular, the NFL and its MBTI,
16 [published articles, testimony at congressional hearin
17 ["informational" pamphlet (which was issued directly
18 misrepresented the known long-term risks of
19 players, including Plaintiffs.
20 188. The NFL and its MBTI failed to disclose
2t concussions and long-term neurological injuries and
22 its players, including Plaintiffs, with an intent to defijaud
23 negative publicity and increased scrutiny of its medi<tal
24 189. The NFL, in managing, governing and
25 setting and enforcing rules and league policies, and
26 the duty to disclose the risks faced by its players, inc
27 [concussive brain injuries received by them during28 [ 190. NFL players, including Plaintiffs, relied
30
foregoing paragraphs as if set fully
Plaintiffs the risk of concussive
to play or practice too soon
through public statements,
s, and the August 14, 2007
to NFL players), concealed and
ive brain injuries to NFL
m
concussive
COMPLAINT
re
the clear link between
concealed this information from
Plaintiffs and prevent
practices,
promoting the game of football,
gulating team ownership, had
uding Plaintiffs, relating to
NFL careers.
on the NFL's and the MBTI's
their
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public statements, published articles, testimony atcongressional hearings and/or at
least the August 14, 2007 "informational" pamphlet, which was issued directly to all
NFL players. Plaintiffs were unaware of the true risks of the concussive brain injuries
they sustained during their NFL careers.
191. The NFL knew that Plaintiffs would rely on the inaccurate information in
selecting their course of action (i.e. returning to play or practice too soon or not
seeking appropriate medical care after sustaining a head injury). In issuing the
"informational" pamphlet, the NFL stated, "[we want to make sure all N.F.L.
players... are fully informed and take advantage of the most up to date information
and resources as we continue to study the long-term impact on concussions."
192. As a direct and proximate result of the NFL's fraudulent conduct,
Plaintiffs have suffered injuries, including, but not limited to short-term memory loss,
headaches, blurred vision, sleep deprived anxiety and economic loss.
FOURTH CAUSE OF ACTION
NEGLIGENT MISREPRESENTATION
(Against the NFL)
193. Plaintiffs incorporate by reference the foregoing paragraphs as if set fully
herein at length.
194. The NFL misrepresented thedangers of concussive brain inj uries
received by its players and the dangers which its players faced in returning to play or
practice too quickly after sustaining a head injury. The NFL's MTBI, through public
statements, published articles and the August 14, 2007 "informational" pamphlet,
which it issued directly to all NFL players, misleadingly downplayed the long-term
risks of concussions to NFL players.
195. The NFL's material misrepresentations include, but are not limited to:
(a) MBTI articles asserting that returning to play aftera concussion
"does not involve significant risk of a second injury either in the same game or
during the season"; and
31
COMPLAINT
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(b) The NFL's press release and issuance of the August 14, 2007
pamphlet toNFL physicians, trainers, coaches and players, asserting that
"Current research with professional athletes hits not shown that having more
than one or two concussions leads to permanent problems... It is important to
understand that there is no magic number for how many concussions is too
many."
196. The NFL knew or should have known that such statements, articles and
pamphlet were false and misleading.
197. The NFL made these misrepresentations and actively concealedcontrary
information with the intent that its players, including Plaintiffs, would rely on the
misrepresentations or omissions in selecting their course of action (i.e. returning to
play orpractice too soon ornot seeking appropriate medical care after sustaining a
head injury), to prevent negative publicity and to prevent increased scrutiny of its
medical practices.
198. Plaintiffs did not know, nor shouldPlaintiffs have known, that the NFL's
statements were false or misleading.
199. Plaintiffs reasonably relied upon the misrepresentations of the NFL in
selecting their course of action during and after their NFL careers to their detriment.
200. As a direct and proximate result of the NFL's fraudulent conduct,
Plaintiffs have suffered injury, including, but not limited to, short-term memory loss,
21 [headaches, blurred vision, sleep deprived anxiety and economic loss.22
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FIFTH CAUSE OF ACTION
STRICT LIABILITY FOR DESIGN DEFECT
(As Against Riddell)
201. Plaintiffs incorporate by reference the foregoing paragraphs as if set
forth herein at length.
202. Riddell designs, manufactures, sells and distributes football equipment,
including helmets, to the NFL, and has been the official helmet provider of the NFL
32
COMPLAINT
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i since 1989.
2 203. At the time the helmets were designed,
3 distributed by Riddell, the helmets were defective in
4 and unsafe for their intended purpose because they
5 [protection against the foreseeable risk ofconcussive
6 includes, but is not limited to, the following:
7 (a) Negligently failing to design the
8 of attenuating and absorbing the foreseeable
9 minimize and/or reduce the forces and energy
10 (b) Negligently designing the subject
11 system which was not safely configured for all
12 reasonably foreseen to be used by players;
13 (c) Negligently failing to properly
14 model;
is (d) Negligently failing to warn playe
16 helmets would not protect against the long
17 concussive brain injury resulting from reason
18 by players; and
19 (e) Other acts of negligence that may
20 of this matter.
21 204. At all times, the helmets were used for
22 intended. All portions of the helmets were used by
23 block, tackle, butt, spear, ram and/or injure opposing
24 helmeted heads. Such use was reasonably foreseeab
25 205. Riddell is strictly liable for designing a
26 dangerous product and for failing to warn players, i
27 defective design and unreasonably dangerous
28 206. The defective design and unreasonably
33
manufactured, sold and
design, unreasonably dangerous,
not provide adequate
brain injury. The design defect
did
Subjecthelmet with a safe means
forces of impact in order to
directed to the player's head;
helmet with a shock attenuating
portions of the helmets
and adequately test the helmet
, including Plaintiffs, that their
health consequences of
foreseen uses of the helmets
1"S
tenn
ably
be discovered during the course
the purpose for which they were
flayers, including Plaintiffs, to
players by hitting with their
e to Riddell.
defective and unreasonably
including Plaintiffs, of the
of the helmets,
dangerous condition of the
condition
COMPLAINT
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helmets and Riddell's failure to warn were proximate and substantial causes of
Plaintiffs' injuriesand other damages, including, but not limited to, economic and
non-economic damages.
207. A safer alternative design was economically and technologically feasible
at the time the product was designed, manufactured, sold and distributed by Riddell.
208. As a result ofPlaintiffs' injuries, Plainti
Riddell in an amount reasonably anticipated to exceep the jurisdiction minimum of
$25,000.
SIXTH CAUSE OF ACTION
NEGLIGENCE
(As Against Riddell)
209. Plaintiffs incorporate by reference the foregoing paragraphs as if set
forth herein at length.
210. Riddell designs, manufactures, sells and distributes football equipment,
including helmets, to the NFL, and has been the official helmet provider of the NFL
since 1989. In 1997, Riddell becamea part of the NFL's MTBI project of assessing
concussions and health consequences to NFL players by analyzing and reconstructing
head impacts. In 2006, Riddell undertook a study appearing inNeurosurgery that was
co-authored by members of the MTBI. The study touted Riddell's "Revolution"
helmet as reducing the risk of concussions in over2,000 high school athletes in
Western Pennsylvania.
211. As such, Riddell has the duty to provide necessary and adequate safety
and instructional materials, warnings and means to reduce and/or minimize the risks
associated with concussive brain injuries sustained by players, including Plaintiffs,
while playing football and while wearing Riddell's helmets.
212. Riddell failed to provide the necessary and adequate safety and
instructional materials, warnings and means to reduce and/or minimize the risks
associated with concussive brain injuries sustained by players, including Plaintiffs,
34
COMPLAINT
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while playing football and while wearing Riddell's helmets
213. As a result of Riddell's breach of duty,
including, but not limited to, short-term memory loss
deprived anxiety and economic loss. •
214. As a result of Plaintiffs' injuries, Plaintiffs
Riddell inan amount reasonably anticipated to exceed
$25,000.
SEVENTH CAUSE OF AUCTION
plaintiffs have suffered injuries,
, headaches, blurred vision, sleep
are entitled to damages from
the jurisdictional minimum of
FAILURE TO WAFIN
(As Against Riddel )
215. Plaintiffs incorporate by reference the
forth herein at length.
216. Riddell designs, manufactures, sells and
including helmets, to the NFL, and has been the
since 1989.
217. At the time the helmets were designed,
7 idistributed by Riddell, Riddell knew or should have
18 involved in the reasonably foreseeable uses of the
19 218. The risks involved in the reasonably
20 presented a substantial danger to users of the helmetk
21 219. Ordinary consumers, including Plaintiffs22 known the potential risks and dangers involved in
23 the helmets.
24 220. Riddell knew that these substantial danger:
25 to ordinary consumers, including Plaintiffs, and that
26 Plaintiffs, would use the helmets without inspection
27 221. Riddell failed to adequately warn (and i
28 including Plaintiffs, of the risks involved in the
35
foregoing paragraphs as if set
distributes football equipment,
official helmet provider of the NFL
manufactured, sold and
known of the substantial dangers
helmets.
foreseeable uses of the helmets
, including Plaintiffs.
, would not have recognized or
reasonably foreseeable uses ofthe
s were not readily recognizable
such persons, including
for defects.
ijnstruct) users ofthe helmets,ably foreseeable uses of thereason
COMPLAINT
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helmets.
222. At all times, the helmets were used for
intended. All portions of the helmetswere used by
block, tackle, butt, spear, ram and/or injure opposing
helmeted heads. Such use was reasonably foreseeable
223. As a result of the lack of sufficient
Plaintiffs suffered injuries and damages, including,
non-economic damages.
224. The lack of sufficient warnings and/or i
factor in causing Plaintiffs' injuries and other damag
225. As a result of Plaintiffs' injuries and
damages from Riddell in an amount reasonably an
minimum of $25,000.
EIGHTH CAUSE OF
the purpose for which they were
s, including Plaintiffs, to
players by hitting with their
to Riddell.
ings and/or instructions,
not limited to, economic and
player:
warn in
but
instructions was a substantial
;es.
dajnages, Plaintiffs are entitled totidipated to exceed the jurisdiction
ACTION
NEGLIGENCE
(As Against NFL Properties)
foregoing paragraphs as if set226. Plaintiffs incorporate by reference the
forth herein at length.
227. NFL Properties is engaged in, among
licensing and the promotion ofequipment used by
including Plaintiffs. As such, NFL Properties has a
it licensed and approved were of the highest possible:
protect the NFL players, including Plaintiffs, from
concussive brain injuries.
228. f :i;L Properties breached its duty by li
approving and/or requiring the use ofRiddell's helrhets
Plaintiffs, while knowing, or having reason to know,
negligently and defectively designed and/or manufactured36
other activities, the approving of
NFL teams and NFL players,
^uty to ensure that the equipment
quality and were sufficient to
risks associated with
COMPLAINT
all
the
ing Riddell's helmets and
by the NFL players, including
that the helmets were
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229. As a result of these breaches by NFL Properties, Plaintiffs suffer injuries
and the effects ofconcussive brain injuries, including, but not limited to, short-term
memory loss, headaches, blurred vision, sleep deprived anxiety and economic loss.
230. As a result of Plaintiffs' injuries, Plaintiffs are entitled to damages from
NFL Properties in an amount reasonably anticipated to exceed the jurisdictional
minimum of $25,000.
NINTH CAUSE OF ACTION
LOSS OF CONSORT] UM
(As Against All Defendants)
231. Plaintiffs incorporate by reference the foregoing paragraphs as ifsetforth herein at length.
232. As a direct and proximate result of the carelessness, negligence and
recklessness of all Defendants and of the aforesaid injuries to their husbands, Octavia
McDougle, Kristine Cook, Ann Frances Jackson, Stacey Clay and Stephanie Byers
(collectively the "Wife Plaintiffs") have been damage
(a) They have been and will continue to be
ed as follows:
deprived of the services,
assistance, protection, affection, society and companionship of their husbands;
(b) They have been and will continue to be required to spend money for
medical care and household care for the treatment of their husbands
(c) They have been and will continue to be peprived of the earnings of their
husbands.
233. As a result of theirhusbands' injuries, the Wife Plaintiffs are entitled to
damages from the Defendants, in an amount reasonably anticipated to exceed the
jurisdiction miminum of $25,000.
PRAYER FOR RELIEF
WHERCFORE, Plaintiffs pray forjudgment against Defendants, and each of
them, as follows:
1. For compensatory and general damages
37
according to proof;
COMPLAINT
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2. For special and incidental damages according to proof;
3. For punitive damages where applicable;
4. For costs ofthe proceedings herein, including reasonable attorneys' fees,
to the extent permitted by law; and
5. For all such other and further relief as
JURY DEMAND
Plaintiffs tiereby demand a trial by jury on all
the Court deems just,
ilaims so triable.
DATED: May ^L, 2012 GLASER WEIHOWARD
FINK JACOBSAVCHEN & SHAPIRO llp
By:FRED D. HEATHER
ADAM LEBERTHON
MARY ANN T. NGUYEN
Attorneys for Plaintiffs
_r_LTiEI
MAtmMl
38
COMPLAINT
ATTORNEY OR PARTY WITHOUT ATTORNEY («»,«, „«f« Bat number, and address):
"Mary Ann T. Nguyen {SBN 269099)GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP10250 CONSTELLATION BOULEVARD, 1STH FLOORLOS ANGELES, CALIFORNIA 90067
TELEPHONE NO.: FAXNO.: 310-556-2920attorney for M~n*>- PLAINTIFFS JOHNNIE MORTON. ET AL .SUPERIOR COURT OFCALIFORNIA, COUNTY OFLOS ANGELES
street address: 111 NORTH HILL STREETMAILING ADDRESS:
CITY AND ZIP CODE: LOS ANGELES 90012BRANCH NAME: CENTRAL
CASE NAME: MORTON, ET AL. V. NFL, ET AL.
ORIGINAL,FOR COURT use ONLY
FILEDSuperior Court of California
County of Los Angeles
MAY 21 2012
John A. Cjarlje, Executive Officer/Clerk
CIVIL CASE COVER SHEETfxl Unlimited • Limited
(Amount (Amountdemanded deman '<.exceeds $25,000) $25,000
Complex Case Designation[""""I Counter CD JoinderFiled with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
CASE NUMBER:
JUDGE:
DEPT:
BC465131
"-5below must be completed (see instructions on page 2)1. Check one box below for the ca
Auto Tort
HAuto (22)
Uninsured motorist (46)Other PI/PD/WD (Personal Injury/;1* jporlyDamage/Wrongful Death! Tort
I 1Asbestos (04)fie"] Product liability (24}[ 1Medicalmalpractice (45)I IOther PI/PD/WD (23)
Non-PI/PD/WO (Other) Tort
I IBusinesstort/unfair business practice (07)I ICivil rights (08)1 I Defamation (13)
I IFraud (16)i IIntellectual property (19)I ]Professional negligence (25)
I IOthernon-PI/PD/WD tort(35)Employment
I | Wrongful termination (36)
I , IOther employment (15)
that best describes this case:
Contract
I )Breach ofcontract/warranty (06)I IRule 3.740 collections(09)
I , IOther collections (09)I [ Insurance coverage (18)l~~l Other contract (37)Real Property
I I Eminent domain/Inversecondemnation (14)
I | Wrongful eviction (33)I ~1 Other real property (26)
Unlawful Detainer
I | Commercial (31)f~l Residential (32)I IDrugs (38)Judicial Review
I | Asset forfeiture (05)| | Petition re: arbitration award(11)j | Writ of mandate (02)[ [Other judicial review(39)
Provisionally Complex Civil Litigation, Rules of Court, rules 3.400-3.403)
Antitrust/Trade regulation (03)
Construction defect (10)
Mass tort (40)
Securities litigation (28)
Environmental/Toxic tort (30)
Insurance coverage claims arising from theabove listed provisionally complex casetypes (41)
Enforcement of JudgmentEnforcement of judgment (20)
Miscellaneous Civil Complaint
RICO (27)
Other complaint (notspecified above) (42)
Miscellaneous CivilPetitionPartnership and corporate governance (21)Other petition (notspecirwdabove) (43)
(Cil.
CDCDen•CDCD
CDCD
CDCD
This case I I is [ID is not complex underrule 3.400 ofthe California Rulesfactors requiring exceptional judicial management:a. II Large number of separately represented parties d. I I Large number ofb. I I Extensive motion practice raising difficult ornovel e. I I Coordination with
issues that will be time-consuming to resolve in other counties,c. I I Substantial amount of cocumentaryevidence f. I_ ISubstantial postjufo
of Court. If the case is complex, mark the
3. Remedies sought (check ail that apt
4. Number of causes of action (spec :?y
5. Thiscase CD is CD is r,o»6. If there are any known related c «~
Date:
Mary Ann T. Nguyen (SBN 269099)
a class action suit.
file and serve a notice of related case. (You ma.
•
witnesses
related actions pending in one or more courtsstates, or countries, or in a federal court
Igment judicial supervisiona. QD monetary b. CD nonmonetary; declaratory or injunctive relief c. QT] punitive
^se form CM-015)
yffjWTYOp ATTORNEYEQBJgAff(TYPE OR PRINT NAME) (SIGNATURE Ol ITY)
• Plaintiff must file this cov -i s,ntunder the Probate Code, <-"n"/ r •in sanctions.
• File this cover sheet in add'tion ' -• If this case is complex un.W i
other parties to the action or r-r« Unless this is a collections catc ,
Form Adopted for Mandatory UseJudicial Council of CaliforniaCM-010[R«v. July 1. 2007)
NOTICE, the first paper filed in the action orproceeding (except•, or Welfare and Institutions Code). (Cal. Rules of
cover sheet required by local court rule.3et seq. ofthe California Rules ofCourt, you mu^t serve a copy ofthis cover sheet on all
it rule 3.740 or a complex case, this cover sheet wil
CIVIL CASE COVER SHEET
sx
small claims cases or cases filedCourt, rule 3.220.) Failure to file may result
be used for statistical purposes only.Pige 1 of 2
Cal. Rules of Court, rules 2.30, 3.220. 3.400-3.403. 3.740:Cal. Standards of Judicial Administration, std. 3.10
SHORT TITLE:
MORTON, ET AL. V. NfL, ET AL.CASE NUMBER
ORIGINAL
RH485131
CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types of hearing and fill in the estimated length of hearing expected
JURY TRIAL? Sj YES CLASS ACTION? D YES LIMITED CASE? CIYES TIME ESTIMATED
for this case:
FOR TRIAL 14 p HOURS/ H DAYS
Item II. Indicate the correct distric' md courthouse location (4 steps - Ifyou checked "Limited Case", skip to Item III, Pg. 4):
Step 1: After first ccmpleiin s) Civil Case Cover Sheet form, find the main Civilcase in the left margin beio •/. nd, to the right in Column A, the Civil Case Cover
il Case Cover Sheet heading for your
Sheet case type you selected.
Step 2: Check one Superior Court type ofaction inColumn B below which best
Step 3: In Column C, circle she reason for the courtlocation choice that applieschecked. For any exception to the court location, see Local Rule 2.0.
describes the nature of this case.
to the type of action you have
Applicable V sons for Choosing Courthouse Location (se<s Column C below)
1. Class actions must be fiM in '2. May be filed in centra! to* r3. Location where cause ot aaicn £ «s4. Location where bodily \rvurj, <'5. Location where perfarn
Step 4: Fill in the infer
o *•
< *-
<U OQ. t-
S •*=Ou <B— 41
•2. 5<•— CD
8*01 «
* * 1\ JC <0
i S °
Civil Case Cover Sr.. »Caiegc>y No
Auto (22;
Uninsured Motorist (
Asbestos
Product Liability (2
Medical Malpracri
Other
Personal InjuryProperty DamageWrongfui Death
(23;
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
-ley Mosk Courthouse, central district..,r no bodily injury/property damage).
•iamage occurred.it defendant resides.
6. Location of property or permanently garaged vehicle.7. Location wriere petitioner resides.8. Location wherein defendant/respondent functions wholly,9. Location wtiere one or more of the parties reside.
10. Location of Labor Commissioner Office
iuested on page 4 in Item III; complete Item IV. Sign the declaration.
U A7100 Motor Vehicle- Personal Injury/Property Damage/Wrongful Death
:Applicable Reasons :-Sse^te^AtSove'l
1„2„ 4.
D A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist 1„ 2., 4.
Q A6070 Asbestos Property Damage
• A7221 Asbestos - Personal InjuryA/Vrongful Death
21 A7260 Product Liability (not asbestos or toxic/environmental)
D A7210 Medical Malpractice - Physicians & Surgeons
D A7240 Other Professional Health Care Malpractice
O A7250 Premises Liability (e.g., slip and fall)
D A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,assault, vandalism, etc.)
u A7270 Intentional infliction of Emotional Distress
D A7220 Other Personal Injury/Property DamageAVrotigful Death
:iVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
1..2..3..4..8.
1.,4.
1..4.
1..4.
1..4.
1., 3.
1.. 4.
Local Rule 2.0
Page 1 of 4
•I
SHORT TITIE:
MORTON ETAL :tal;e nu jb(
"•' CiWlCaseCo a \ 'W J,i!\\$*»W\ ^Ijyp^^ctJonMflji-V Category N». • t'i * ,h;^ » "* , (Check only*one) •;«:!•> llllliili! wpplicabielReasons.-.
||iSeeStep^Above
S.|r
ft
o 3£-5
5 eO <9
z a
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a.
£tu
ou
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«
? 1\ 3
Business T
Civil Rights (Q8)
Defamation (13)
Fraud (16)
Professional Negligence
Other'
Wrongful 11
Other Employment (H;)
Breach of Contract/ Warranty(06)
(not insurance)
Collections fCi
Insurance Gov
Other Cori"""' j'2
Eminent Dom^ rt i ,<.i~
Condemnation (141
Wrongful Eviction (33)
Other Real FV t
Unlawful Deta n>
w'i
Unlawful D.
Unlawful D '
Post-Fore-; I . (
Unlawful D.'
LACIV109 (Rev. 03/11)
LASC Approved Q3-04
D A6029 Other Commercial/Business Tort (not fraud/breach of contract)
O A6005 Civil Rights/Discrimination
• A6010 Defamation (slander/libel)
a A6013 Fraud (no contract)
A6017 Legal Malpractice
A6050 Other Professional Malpractice (not medical o| r legal)
n A6025 Other Non-PersonalInjury/Property Damage fort
U A6037 Wrongful Termination
CI A6024 Other Employment Complaint Case
LI A6109 Labor Commissioner Appeals
.A6004 Breach ofRental/Lease Contract (not unlawfuleviction)
A6008 Contract/Warranty Breach -Seller Plaintiff (no
A6019 Negligent Breach of Contract/Warranty (no fraud)
A6028 Other Breach of ContractVWarranty (not fraud or negligence)
n A6002 Collections Case-Setler Plaintiff
n A6Q12 Other Promissory Note/Collections Case
D A6015 Insurance Coverage (not complex)
n A6009 Contractual Fraud
A6031 Tortious Interference
A6027 Other Contract Dispute(not breach/insuranceffraud/negligence)
detainer or wrongful
fraud/negligence)
J A7300 Eminent Domain/Condemnation
(J A6023 Wrongful Eviction Case
Number of parcels.
O A6018 Mortgage Foreclosure
1 AS032 Quiet Title
A6060 Other Real Property(not eminent domain, landlord/tenant, foreclosure)
] A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)
A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
a A6020F Unlawful Detainer-Post-Foreclosure
A6022 Unlawful Detainer-Drugs
,'IL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
1., 3.
1,2., 3.
1., 2.. 3.
1..2..3.
1,2., 3.
1„ 2, 3.
2„3.
1..2..3.
1..2..3.
10.
2., 5.
2., 5.
1,2.5.
1..2..5.
2., 5., 6.
2., 5.
1., 2., 5„8.
1,2,3,5.
1., 2„ 3., 5.
1,2., 3., 8.
2., 6.
2., 6.
2., 6.
2., 6.
2,6.
2„6.
2., 6.
2., 6.
Local Rule 2.0
Page 2 of 4
SHORT TITLE:
' MORTON, ET AL. V. NFL, ET AL.CASE NUMBER
2
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c --UJ o
si
.2 E• 5<i> as
a *o
«2 </)
=5 O-
S O
*Civil Case* C t' ;!&ate^
Asset Fo
Petition re Ari
Writ of Mandate (CC)
Other Judical Pf, w
Antitrust/Trade k u'.
Construction DW
Claims Invt,, n
Securities L
Tc
Environiii Ju
Insurance Co/emc .
from Com,' v -
Enf
of Juc
Rico (;;•••;
Other'
(Not Spect»
Partnership Cotj of >.Governcnce C1s
Other Petitions
(Not Specified Aix(43)
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
A6108 Asset Forfeiture Case
A6115 Petition to Compel/ConfirnWacate Arbitratior
D A6151 Writ - Administrative Mandamus
ID A6152 Writ- Mandamus on LimitedCourt Case Matter
! A6153 Writ - Other Limited Court Case Review
A6150 Other Writ /Judicial Review
\6003 Antitrust/Trade Regulation
A6007 Construction Defect
C A9006 Claims Involving Mass Tort
. A6035 Securities Litigation Case
A6036 Toxic Tort/Environmental
n A6014 Insurance Coverage/Subrogation (complex case only)
3 A6141 Sister State Judgment
3 A6160 Abstract of Judgment
) AS107 Confession of Judgment (non-domestic relations)
j A6140 AdministrativeAgency Award (not unpaid taxes)
i A6114 Petition/Certificate forEntry ofJudgment on ynpaid Tax
3 A6112 Other Enforcement of Judgment Case
D A3033 Racketeering (RICO) Case
A6030 Declaratory Relief Only
A6040 Injunctive Relief Only (notdomestic/harassmbnt)
A6011 Other Commercial Complaint Case (non-tort/non-complex)
/ 6000 Other Civil Complaint (non-tort/non-complex]
A6113 Partnership and Corporate Governance Case
A6121 Civil Harassment
AS123 Workplace Harassment
A6124 Elder/Dependent Adult Abuse Case
A6190 Election Contest
A6110 Petition for Change of Name
A6170 Petition for Relief from Late Claim Law
A6100 Other Civil Petition
VIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
2 6
2., 5.
2., 8.
2.
2.
2., 8.
1..2..8.
1.2., 3.
1,2.8.
1,2., 8.
1..2..3..8.
1..2..5.,
2„9.
2.. 6.
2., 9.
2., 8.
2„ 8.
2., 8., 9.
1..2..8.
1., 2., 8.
2„ 8.
1,2., 8.
1„ 2., 8.
2,8.
2., 3.. 9.
2., 3., 9.
2., 3., 9.
2.
2., 7.
2., 3., 4., 8.
2,9.
Local Rule 2.0
Page 3 of 4
SHORT TITLE:
MORTON, ET AL. V. NFL, ET AL.CASE NU WBER
Item III. Statement of Location: F
circumstance indicated in Item !!
REASON: Check the appropriate (•under Column C for the type of c-this case.
Q1.D2. D3.04. OS. D6.
CITY:
REDONOO BEACH
Item IV. Declaration of • „s , •
and correct and that t >- :
CENTRAL D-„ ,-<•
Rule 2.0, subds. (b), (c) and (d;|.
Dated: __5/5J/<?'
PLEASE HAVE THE FOLLOWiNCCOMMENCE YOUR NEW COURT
1. Original Comp'"-"'itr'-'
2. If filing a Corni t '
3. Civil Case Cov-
4. Civil Case Cove- ^«03/11).
5. Payment in full ^*fh
6. A signed order <,,minor under 18 yeart • '
7. Additional copic-r, of > ~must be served alon - v
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
place of business, performance, or otherin the court location you selected.
le address of the accident, party's residence orp 3 on Page 1, as the proper reason forfiling;
the numbers shown
/an have selected for
D8. D9.D10.
ZIP COOE;
90277
ADDRESS:
131 PALOS VERDES BOULEVARD
under penalty of perjury under the laws of the I
n-tler is properly filed for assignment to the
r-Tior Court ofCalifornia, County ofLos Angeles [podeCiv. Proc, § 392et seq., and Local
State of California that the foregoing is true
SUPERIOR courthouse in the
WURE OF ATTORNEY/FILII* PARfY)(SIGNATURE
EMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLYASE:
-' Summons form for issuance by the Clerk.
I Council form CM-010.
Sum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
unless fees have been waived.
Guardian ad Litem, Judicial Council form CtvJoiO, ifthe plaintiff or petitioner isaill be required by Court in order toissue a summons.
-,'s to be conformed by the Clerk. Copies ofsummons and complaint, or other initiating
trie cover sheet and this addendumpleading in the case.
IL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2.0
Page 4 of 4