Football Hall of Famer & Former Miami Dolphin QB Dan Marino Sues NFL Over Concussions (Update: Marino Withdraws from Concussion Lawsuit)
DAN MARINO SUES NFL OVER CONCUSSIONS …
Hall of Famer and Miami Dolphin quarterback great Dan Marino is the latest to sue the NFL over concussions. According to court documents, a lawsuit was filed in U.S. District Court in Philadelphia, Pennsylvania by Mariono and 14 other former NFL players. Marino and the other 14 plaintiffs join more than 4,800 others who have alleged the NFL misled players about the long-term dangers of concussions. The NFL has denied those claims. Although no specific symptoms are alleged for Marino in the lawsuit, it does contain language for the QB great, “On information and belief, the Plaintiff … sustained repetitive, traumatic sub-concussive and/or concussive head impacts during NFL games and/or practices.”
Dan Marino, the Hall of Fame member and former Miami Dolphins quarterback, last week sued the NFL over concussions, according to federal court records.
As the behind-the-scenes effort to gain approval for the proposed $765-million settlement of the concussion litigation continues, Marino and 14 other former players sued in U.S. District Court in Philadelphia.
At least 41 members of the Pro Football Hall of Fame, or their estates, are among about 5,000 former players suing.
The 18-page complaint alleges the NFL concealed information about football-related brain injuries and misled players, claims that are similar to those made in more than 300 related lawsuits. The NFL has repeatedly denied such claims.
A federal judge rejected the proposed settlement of $765 million in January by the NFL, concerned about whether the settlement amount is sufficient for all affected players. To be honest, $765 does not even come close to what medical bills and treatment would cost over their lifetime. I am not even sure if $2 billion is adequate.
UPDATE I: As reported at CNN, Dan Marino is withdrawing his name from a lawsuit suing the NFL over concussions, saying he didn’t realize his name would be attached to the lawsuit. HUH? Well that’s mighty brave of him. I guess suing the NFL is bad for getting a job with the NFL. Profiles in courage.
Dan Marino, considered one of the greatest quarterbacks in National Football League history, is withdrawing his name from a concussion lawsuit against the NFL, according to published reports.
The news, first reported by the South Florida Sun Sentinel, comes a day after media reports that the Hall of Fame quarterback and 14 other players had filed a lawsuit that claims the NFL knew for years of a link between concussions and long-term health problems and did nothing about it.
Marino, 52, said he didn’t realize his name would be attached to the lawsuit.
“Within the last year I authorized a claim to be filed on my behalf just in case I needed future medical coverage to protect me and my family in the event I later suffered from the effects of head trauma,” the former Miami Dolphins star wrote in a statement published in the Sun Sentinel and on Sports Illustrated’s website.
Receipt Racism … Tennessee Man Sues Red Lobster & Waitress for Falsely Accusing Him of Writing Racial Slur “Ni**er” on Receipt
Tennessee man sues Red Lobster for $1 million for falsely accusing him of writing racial slur on receipt … Hires handwriting expert to clear his name.
Devin Barnes is suing Red Lobster and the waitress that served him for falsely accusing him of writing a racial slur “NI**ER” on his receipt in place of writing a tip amount. Barnes is suing the waitress, Toni Jenkins for posting his personal information on the Internet and for receiving about $11,000 in donations based on the story and the lawsuit is asking for a jury trial and $1 million in damages. Barnes hired a hand writing expert to review the receipt and help clear his name from this damaging accusation. At least two experts believed this to be a hoax. Barnes admitted to writing the word “none
Weeks ago, Barnes’ attorney and pastor, Richard Dugger, hired an independent handwriting expert who compared the receipt with samples provided by Barnes and his wife.
“There is no evidence that neither Devin Barnes nor his wife wrote that hideous statement on the line total, which means that someone else did,” Dugger said.
The incident occurred in September 2013 when Devin Barnes ate at the Red Lobster in Cool Spring, Tennessee. Barnes stated that he was running tight on time, so he had his waitress put the meal into a to-go container. When he paid the bill, he wrote “none” under tip. What followed would change his life forever. Toni Jenkins, a Red Lobster waitress, posted on Facebook a photo of a receipt from customer Devin Barnes with his personal information was on a receipt where someone had written the n-word.
In court on Thursday, Barnes filed suit against the waitress, Toni Jenkins, and Red Lobster, claiming that Barnes and his family have suffered because of the situation.
According to the court filing, they have expert testimony from a handwriting analyst to prove Barnes didn’t write the racial slur on the receipt.
Barnes is suing Jenkins for posting his personal information on the Internet and for receiving about $11,000 in donations based on the story.
He also contends the restaurant didn’t do enough to contain the situation.
In response, the restaurant chain said in a statement that, “it is against our policy to post guest information online. Our standard procedure is to suspend the employee involved with pay while we determine what happened. After the completion of a full investigation into this matter, Ms. Jenkins returned to work.”
The lawsuit is asking for a jury trial and $1 million in damages.
The Daily Caller: Waitress, Red Lobster Sued For $1 Million In Alleged Race Hoax.
But two handwriting experts who looked at the receipt and at writing samples from Barnes, his wife, and Jenkins determined that it was unlikely that the couple had written the slur.
The expert hired by Barnes and his attorney concluded that both Barnes and his wife were unlikely to have written the slur.
Another expert, contacted by The Daily Caller News Foundation, analyzed the receipt, comparing it to a copy of a writing sample from Jenkins. The expert determined that “within a reasonable degree of certainty” Jenkins had written the slur.
Jenkins responded at the time telling TheDCNF that she no longer believed that Barnes had written the word.
She said she would apologize to Barnes but maintained that she did not write the word either.
Asked if she planned to share any of the donations she received with Barnes, Jenkins said “Honestly I would…if there was any left.”
Hopefully Red Lobster and this waitress will be successfully sued to put an end to this crime of “Racism by Hoax”.
Portland Pimp Sirgiorgiro Clardy Sues Nike for $100 Million for Lack of Warning Label That Shoes Could be Used as Dangerous Weapon After Beating John with Air Jordans
IT’S GOTTA BE THE SHOES … File this one under, and you thought you had heard it all, subtitled, ‘Pimpin’ Aint Easy.
A Portland, Oregon pimp, Sirgiorgiro Clardy, has filed a $100 million lawsuit against Nike. This fool is actually making the claim that Chairman Phil Knight and other executives failed to properly label his Air Jordan’s as dangerous weapons and is partially responsible e for a brutal beating of a “John” where as a result he was sentenced to 100 years in prison. Clardy was wearing a pair of Air Jordan’s when he attacked an 18-year-old woman he forced to work as an escort and repeatedly stomped the face of a john who was trying to skip out on a trick without paying Clardy’s prostitute in June 2012. I guess it is good he didn’t have his Timberland’s on, he would have been tried for murder. Clardy filed his suit this week in Multnomah County Circuit Court and will be representing himself.
Jurors early in 2013 found him guilty of second-degree assault for using his Jordans — a dangerous weapon — to beat the john’s face to a pulp. The man required stitches and plastic surgery on his nose.
The jury also found him guilty of robbing the john and beating the 18-year-old woman he forced to work as his prostitute. She was injured so badly that she bled from her ears.
In his three-page complaint handwritten from the Eastern Oregon Correctional Institution in Pendleton, Clardy claims that Nike, Chairman Phil Knight and other executives failed to warn consumers that the shoes could be used as a weapon to cause serious injury or death.
“Under product liability there is a certain standard of care that is required to be up-held by potentially dangerous product …” wrote Clardy, who is representing himself. “Do (sic) to the fact that these defendants named in this Tort claim failed to warn of risk or to provide an adequate warning or instruction it has caused personal injury in the likes of mental suffering.”
As expected, Clardy has quite the past criminal record. See you in 100 years!
Robert Zimmerman Warns that Civil Suit Against His George Zimmerman ‘Might not be very Flattering’ for Trayvon Martin’s Family
Could a civil trial against George Zimmerman by the family of Trayvon Martin be more problematic that a benefit?
Robert Zimmerman states that a civil suit brought against his brother George Zimmerman, in a wrongful death trial, could be very troubling to the family of Trayvon Martin and could lead to very unpleasant facts that were never a part of the criminal trial. The rules of evidence are much different in a civil trial than a criminal one and much of the evidence that was excluded from the second degree criminal trial where a jury found George Zimmerman not guilty, could be entered into evidence in a civil trial. Sometimes it’s best not to dig up all the fact that took place because they might not be very pretty and may not follow the narrative of a made up story by the media and prosecution of Trayvon Martin. We do not like to talk ill of the dead and the death of Trayvon Martin is a tragedy no matter how you look at it, but in the end, we can all agree that he was most likely not the angel that the media made him out to be. Why drag his past through another trial and open his entire life to cross-examination? I realize those that have hijacked this case don’t care, but is that what the family of Trayvon Martin really want to do? Is “justice” really bringing up your child’s past to go after George Zimmerman because you feel wronged by a jury decision where there was no evidence to prove murder or manslaughter? That is the question that the family of Trayvon Martin will have to ask themselves.
Robert Zimmerman, whose younger brother George was acquitted for his role in the death of 17-year-old Trayvon Martin, told The Huffington Post on Friday that a civil suit might lead to unpleasant facts coming to light about the Florida teenager’s family.
“A myriad of things that were off-limits in a criminal trial would come into play in a civil case,” Robert Zimmerman said in an email to the Post. “Specifically, things that might not be very flattering to Trayvon or his family.”
The report comes one day after a member of the six-woman jury that acquitted George Zimmerman on second-degree murder charges told ABC News that the former neighborhood watch captain “got away with murder,” but that there was not enough evidence to find him guilty on July 13.
It could open a Pandora’s box, namely the Trayvon Martin’s cell phone that was not allowed during the criminal trial. It had been my personal contention that had a jury been able to have seen previous texts of Trayvon Martin discussing fighting and knowing that Trayvon Martin had a history of fighting, getting into trouble in school, suspension, and the rest … the jury would have come back even quicker with a not guilty verdict. This was evidence that the Zimmerman defense team said was withheld from them by the prosecution. The state IT director Ben Kruidbos was fired because of his whistle-blowing of the incident.
Another difficulty in filing a civil case in Florida is Florida’s stand your ground law. The statute provides criminal and civil immunity to anyone who uses deadly force in a situation in which one has a reasonable fear of imminent death or great bodily injury.
Imagine if much of the evidence from Bill Whittle & ‘Afterburner’ … The Wretched Lynching of George Zimmerman … The MSM Participated in Criminal Fraud or Criminal Negligence was allowed to come into a civil trial?
George Zimmerman Attorney James Beasley Says All Ahead Full in Lawsuit Against NBC News Now that Verdict of “Not Guilty” Returned by Jury in Murder Trial
James Beasley, George Zimmerman’s attorney in his law suit for defamation of character against NBC News for doctoring and mis-editing Zimmeramn’s 911 call, stated that they are going forward and full speed ahead now that the criminal murder case against Zimmerman is over and he was found “not guilty”. Every one is talking about George Zimmerman’s legal troubles, a most certain civil lawsuit by the estate of Trayvon martin and a possible federal civil rights charge by the DOJ, even though the FBI has previous found that Zimmerman was not racist and did not display any prejudice or racial bias. But it would appear the most immediate legal action is going to be that of George Zimmerman suing NBC News for defamation.
Last night’s not-guilty verdict in the George Zimmerman trial will enable the neighborhood-watch volunteer to resume his case against NBC News for the mis-editing of his widely distributed call to police. Back in December, Zimmerman sued NBC Universal Media for defamation over the botched editing, which depicted him as a hardened racial profiler.
The company also noted the pivotal nature of the second-degree murder case: “[I]f Zimmerman is convicted, that fact alone will constitute substantial evidence that the destruction of his reputation is the result of his own criminal conduct, and not of the broadcasts at issue which, like countless other news reports disseminated by media entities throughout the country, reported on the underlying events.”
That formulation is now null.
According to Zimmerman attorney James Beasley, the case against NBC News was stayed pending the outcome of the criminal case. Now that’s out of the way, and Beasley is ready to proceed. “We’re going to start in earnest asap, we just have to get the stay lifted which is a ministerial act,” says Beasley, a Philadelphia lawyer, via e-mail.
Brent Bozell and Sean Hannity discussing the media and political bias against George Zimmerman … the NBC doctored 911 tape
NBC News presented the 911 call as follows, in a March 27, 2012, broadcast of the “Today” show, abridged the tape of Zimmerman’s comments to a police dispatcher on the evening of Feb. 26, 2012:
Zimmerman: This guy looks like he’s up to no good. He looks black.
However, the undoctored and full tape went like this:
Zimmerman: This guy looks like he’s up to no good. Or he’s on drugs or something. It’s raining and he’s just walking around, looking about. Dispatcher: OK, and this guy — is he black, white or Hispanic?
Zimmerman: He looks black.
NewsBuster reminds us that NBC has since fired three employees because of this incident, but claims that it did not engage in a deliberate misrepresentation of the facts. Oh, of course not. This was an obvious case of NBC News going out of their way to doctor a 911 call to present a narrative to the American people that would support the LEFT’s witch hunt of Zimmerman. It could not be more clear. As Patterico’s Pontifications opines, one of the biggest villains in this case was “Big Media” and NBC was at the head of the list.
EXIT QUESTION: When has the news media ever had to edit a 911 tape except to take out expletives or addresses?
Parents of Missing 20 Year Old Lauren Spierer File Civil Lawsuit against Three Former College Male Students who Were the Last Individuals to See Their Daughter Alive
The parents of 20 year old Lauren missing University of Indiana student Spierer have filed a civil law suit against three former college students who were the last known men to see their daughter alive. The law suit was filed against Corey E. Rossman, Jason Issac Rosenbaum and Michael B. Beth. According to the law suit, the Spierer’s believe the actions and inaction’s of the three men may have resulted in their daughter’s disappearance and possible death.
“Spierer’s abandonment in an intoxicated and disoriented state in the early morning hours of June 3, 2011, in an area known for criminal acts contributed to her disappearance, and presumed injuries and death,” the lawsuit states.
The Spierers are suing Rossman, Rosenbaum and Beth on grounds of negligence that resulted in the disappearance, death or injury of an adult child, and are seeking damages against the three men for allegedly providing alcohol to someone who was clearly intoxicated.
Lauren Spierer has been missing since June 3, 2011 in Bloomington, Indiana.
The complaint can be read HERE.
Missing Lauren Spierer
The parents of missing 20-year-old Lauren Spierer are suing the three former college students who were the last men known to see their daughter alive, the family’s attorney tells FoxNews.com.
Spierer, a sophomore at Indiana University from Greenburgh, N.Y., disappeared two years ago from downtown Bloomington after a night of partying with a group of friends and acquaintances.
Robert and Charlene Spierer claim in their civil lawsuit that their daughter’s last known interaction with the men — Corey Rossman, Mike Beth and Jay Rosenbaum — resulted in her “disappearance, death or injury,” according to attorney Jason Barclay.
For more updates, make comments and read others comments and analysis, go to Scared Monkeys Missing Persons Forum: Lauren Spierer
ACLU Files Lawsuit Challenging NSA’s Patriot Act Phone Surveillance Against We the People … Violates Americans’ Constitutional Rights of Free Speech, Association & Privacy
Once again we are witness to a government that has become just too big.
As reported at the New York Times, the ACLU has filed a aw suit against the federal government challenging the NSA’s phone surveillance against “We the People”. In an interesting twist, the left leaning ACLU has filed a law suit against the far-Left Obama administration over the collection of logs of domestic phone calls of all Americans where they were the target of an investigation or suspected of terrorism or not. The law suit names Director of National Intelligence James Clapper, NSA Director Keith Alexander, Attorney General Eric Holder, Defense Secretary Charles Hagel and FBI Director Robert Mueller III as defendants. It is pretty bad when the ACLU is forced to sue the Obama administration over such an issue, or face a complete lack of credibility.
The American Civil Liberties Union sued the Obama administration on Tuesday over its “dragnet” collection of logs of domestic phone calls, contending that the once-secret program — whose existence was exposed last week by a former National Security Agency contractor — is illegal and asking a judge to stop it and order the records purged.
The lawsuit could set up an eventual Supreme Court test. It could also focus attention on this disclosure amid the larger heap of top secret surveillance matters revealed by Edward J. Snowden, the former N.S.A. contractor who came forward Sunday to say he was their source.
I have personally disagreed with many actions in the past and inactions by the ACLU, who is supposed to defend all Americans civil liberties. However, I have to give them credit here. The ACLU filed a law suit charging that the program violates Americans’ constitutional rights of free speech, association, and privacy. It is troubling that the US government thinks that it can just sweep up all data without any cause of legal search and seizure. It is even more eye opening that Barack Obama when he was Senator and candidate Obama ridiculed and vilified this program. When he became president, the program went on steroids.
In the wake of the past week’s revelations about the NSA’s unprecedented mass surveillance of phone calls, today the ACLU filed a lawsuit charging that the program violates Americans’ constitutional rights of free speech, association, and privacy.
This lawsuit comes a day after we submitted a motion to the Foreign Intelligence Surveillance Court (FISC) seeking the release of secret court opinions on the Patriot Act’s Section 215, which has been interpreted to authorize this warrantless and suspicionless collection of phone records. [...]
The ACLU’s complaint filed today explains that the dragnet surveillance the government is carrying out under Section 215 infringes upon the ACLU’s First Amendment rights, including the twin liberties of free expression and free association. The nature of the ACLU’s work—in areas like access to reproductive services, racial discrimination, the rights of immigrants, national security, and more—means that many of the people who call the ACLU wish to keep their contact with the organization confidential. Yet if the government is collecting a vast trove of ACLU phone records—and it has reportedly been doing so for as long as seven years—many people may reasonably think twice before communicating with us.
Legal Insurrection reminds us that this was not the first law suit filed when it comes to the NSA data dragnet, Larry Klayman, former chairman of ‘Judicial Watch’ filed one as well.
On Sunday, a similar suit was filed by Larry Klayman, former chairman of Judicial Watch, against President Obama, Eric Holder, Keith Alexander, the NSA and Verizon CEO Lowell McAdam, among others. The suit claims that the government’s phone surveillance activities “violates the U.S. Constitution and also federal laws, including, but not limited to, the outrageous breach of privacy, freedom of speech, freedom of association, and the due process rights of American citizens.”
Family of Trayvon Martin’s Reportedly Settles Wrongful Death Claim Against Subdivision’s Homeowners Association Where Geroge Zimmerman was Neighborhood Watch Volunteer
Settlement with the home owners association in wrongful death claim in death of Trayvone Martin.
As reported at the LA Times, the family of Trayvon Martin has reached a settlement in the wrongful death civil suit of their son with the subdivision’s homeowners association. Trayvon Martin was killed by George Zimmerman, a Neighborhood Watch volunteer at the Retreat at Twin Lakes townhomes in Sanford on Feb. 26, 2012. Zimmerman has been charged with second degree murder, meanwhile he is claiming self defense. According to the Orlando Sentinel, the settlement amount is believed to be worth more than $1 million. The settlement paperwork filed at the Seminole County Courthouse, a portion of which was made public Friday, had the settlement amount blacked out and the parties agreed to keep the amount confidential. In the settlement, the home owners association did not admit any wrongdoing or liability and Trayvon’s parents, Sybrina Fulton and Tracy Martin, and his estate agreed to set aside their wrongful-death claim and claims for pain and suffering, loss of earnings and expenses.
The family of Trayvon Martin, the teen who was shot dead by a Neighborhood Watch volunteer last year in an Orlando, Fla., suburb, appears to have settled a civil suit claiming wrongful death against the subdivision’s homeowners association.
Citing Seminole County court records, the Orlando Sentinel reported on Friday that the settlement could total $1 million or more. A few pages of the document were made available to the public, but the amount of the settlement was blacked out. The agreement stipulated that those involved would keep the dollar amount private.
As part of the settlement, the homeowners association acknowledged no wrongdoing.
According to the Sentinel, the association took out a $1-million insurance policy a few weeks after the shooting. A receptionist at the office of homeowners association attorney Thomas R. Slaten Jr. said he would not answer questions.
The attorney for Trayvon Martin’s family, Benjamin Crump, stated that they intend to file a separate suit later against George Zimmerman. The settlement with the HOA spelled out that Zimmerman was not part of this deal.
Tis the Season to be Rotten … Louisiana Woman Allowed by Judge to Flip Middle Finger In Holiday Lights to Her Neighbors
NOT THE REASON FOR THE SEASON …
Every wonder what’s wrong with people, the country the misuse of the First Amendment, public decency and the hate that is so consumed in individuals these days? One needs to look no further than Louisiana and a Christmas light display formed in the shape of a middle finger … What would Jesus say?
A Louisiana woman has been allowed by a judge, thanks to the representation of the ACLU, to put back up her Christmas lights in the form of flipping the middle finger toward her neighbors. United States District Judge James Brady issued an order temporarily barring city officials from interfering with the display. The two-page order stated the city’s “continued efforts” to prevent Childs from displaying her holiday lights will violate her rights to free speech and due process. So this is what passes as freedom of speech these days. The hell with others civil rights and public decency laws. This woman and the ACLU have a warped sense of understanding of the reason for the season. The ACLU is so quick to help take Christ out of Christmas, yet the are perfectly ok with defending such an appalling and classless example of free speech while using the holiday for their own self-serving and exploitive purposes.
Louisiana woman ran afoul of police when she gave her neighbors an unusual holiday greeting, hanging Christmas lights in the shape of a middle finger.
Sarah Childs was in a dispute with some of her neighbors in Denham Springs, just east of Baton Rouge, so she decided to send a message with her decorations. Neighbors complained and police threatened to arrest her, so she and the American Civil Liberties Union of Louisiana sued the city.
A judge ruled in her favor Thursday.
Just a quick note and reminder to Sarah Childs, the ACLU and the rest of the misguided and hate filled individuals that make life so miserable for others and ruin what was once a glorious country with your hateful, anti-God agenda … the following is the reason for the season. Of course it is the very meaning of Christmas that the ACLU attacks on a daily basis.
Does Anyone know what Christmas is all about?
George Zimmerman May Sue NBC Over Edited 911 Tape for Defamation to Make Him Appear as a Racist in Shooting Death of Trayvon Martin
George Zimmerman, the “white” Hispanic who has been charged in the murder of Trayvon Martin may sue NBC for defamation of characterover the edited and misleading 911 audio tape that made him appear to be a racist. NBC initially released the doctored 911 tape that depicted George Zimmerman as a racist as they intentionally deleted certain words and phrases to misrepresent Zimmerman. In the NBC edited audio, Zimmerman says of Trayvon, “This guy looks like he’s up to no good. He looks black.” The question will always remain why? Who has ever heard of a media outlet editing a 911 tape except for profanity? NBC has fired multiple individuals in the wake of this scandal, calling the edited tape a mistake.
Audio can be heard HERE.
Trayvon Martin shooter George Zimmerman is suing NBC over the network’s botched editing of his 911 tape, Page Six can exclusively reveal.
We hear Zimmerman’s attorneys are about to file a complaint against NBC and its top executives, naming news president Steve Capus and correspondent Ron Allen, who was the reporter on the scene for the broadcast on “Today” on March 27. He also remained the reporter for the story on “NBC Nightly News.”
A source tells us, “The suit will be filed imminently against NBC and its news executives. The network’s legal department has put everybody in the news department involved with this incident on notice, telling them not to comment.”