Wednesday, April 22, 2015

NFL concussion settlement granted final approval by judge - LA Times

 

A federal judge granted final approval Wednesday to the settlement of long-running concussion litigation between the NFL and retired players.

In a 132-page opinion in U.S. District Court in Philadelphia, Judge Anita Brody called the deal "fair, reasonable and adequate."

Experts for the NFL and retired players project that about 6,000 of the estimated 19,000 retired players would be eligible for compensation, but only 3,600 of them would choose to participate.

“Today’s decision powerfully underscores the fairness and propriety of this historic settlement,” NFL Executive Vice President and general counsel Jeff Pash said in a statement.

Pash added that the settlement would bring “prompt and substantial benefits” to retired players and their families.

The agreement compensates retired players who suffer from a variety of problems, including Alzheimer's disease and amyotrophic lateral sclerosis. Monetary awards will be determined based on scale that takes into account a player's seasons in the NFL, age at diagnosis and other criteria.

The maximum payout for a player with Alzheimer's, for example, will be $3.5 million. But awards decrease significantly when offsetting factors are considered. The average payout for Alzheimer’s is expected to be $190,000 when age and experience are factored in.

Though there is no limit to the overall amount the NFL could pay out to the retired players, the individual award amounts are capped at amounts that range from $1.5 million for Level 1.5 dementia to $5 million for ALS.

"Despite the difficult health situations retired players face today and that many more will unfortunately face in the future, they can take comfort that this settlement's benefits will be available soon, and will last for decades to come,” said Christopher Seeger and Sol Weiss, co-lead counsels for the retired players, in a statement.

The final settlement revises a deal first reached by NFL and retired players in August 2013 to remove a $675-million cap on payouts to retired players and make other adjustments.

“We are pleased that the settlement was substantially improved as a result of objections that we made,” said Steven F. Molo, lead attorney for retired players who objected to terms of the deal. “We are reviewing the court’s detailed opinion to determine where things go next.”

An appeal of Brody’s decision would delay any benefits until the matter is resolved.

The deal covers all retired players or their estates who didn't opt out by the deadline last fall, regardless of whether they sued the NFL. Around 200 players or their families -- including that of late San Diego Chargers great Junior Seau -- decided to not participate in the settlement. They can pursue litigation on their own.

Retired players and their families have 180 days to register for the settlement. They’ll be ineligible for payouts if they don’t.

An analysis by the plaintiffs estimated an average 12-month wait for retired players from filing a claim to receiving a payout. In some cases, the wait could be as long as 24 months.

Attorneys for dozens of retired players filed the first concussion lawsuit against the NFL in Los Angeles Superior Court in July 2011. The case grew to more than 300 lawsuits which were consolidated in federal court.

NFL concussion settlement granted final approval by judge - LA Times

City of Dixon moves against “Turnaround Illinois”

The following resolution was passed by the Dixon City Council

 

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* Here are some other Illinois localities:

 

On to Mt. Zion

The Mount Zion Board of Trustees quashed a resolution in favor of Gov. Bruce Rauner’s “Turnaround Agenda” on Monday, causing a packed audience to erupt in applause.

The resolution had been introduced and immediately tabled at the board’s previous meeting April 6 without discussion. […]

Though initially included for discussion and approval for Monday’s meeting, the agenda was amended Sunday with the removal of the resolution.

“The resolution was taken off because we did not feel there was support for it,” Mayor Don Robinson said.

* Wauconda

Labor union members and their supporters filled the Wauconda High School cafeteria Tuesday night to oppose a controversial proposal by Gov. Bruce Rauner that would weaken labor unions in the state.

And when they were done, the village board members criticized the new governor’s plan, too, saying the issue needs to be resolved in the state Capitol, not village boardrooms. […]

Tuesday’s Wauconda village board meeting was moved to the high school because the crowd that showed up at village hall for the meeting was too large to fit in the boardroom.

Of the 100 or so people in the audience at the school cafeteria, about a dozen spoke about Rauner’s plan and the board’s proposed supportive resolution.

All of them criticized the plan, saying it would lower wages and hurt middle-class families. […]

When it came time for the trustees to speak, they were similarly critical of the resolution.

* Related…

* Voters should decide on a local right-to-work law, Effingham County Board says: The Effingham County Board passed a non-binding resolution on Monday supporting the “local empowerment” aspect of Gov. Bruce Rauner’s economic agenda. The seven Republicans on the board supported the resolution, while the two Democrats opposed it. Before the vote, the board heard opposition from union leaders such as Jason McKinley of the Illinois Building Trades Council.

* Charleston Representatives, community members speak out about resolution: John Kraft, a graduate student of political science and a member of the Edgar County Watchdogs, said he supported the resolution; however, he thought the way the council passed it was problematic. “I previously asked the council and the mayor to place it in a new agenda and vote on it again after complying with the Illinois Open Meetings Act,” Kraft said.

* Residents address Charleston City Council on right-to-work resolution

* Campton village trustees delay decision on prevailing wage act - Will discuss the issue again in May

* Union Files Lawsuit Alleging Meeting Violation By McHenry County Board: A labor union claims the McHenry County Board violated the Illinois Open Meetings Act when at least eight of its members gathered at a private discussion with Gov. Bruce Rauner at the Woodstock Opera House April 8. The International Union of Operating Engineers Local 150 filed a lawsuit against the County Board April 17, accusing board members of failing to comply with a state law that requires the public be allowed to attend government meetings. “It appears to be a very, very clear violation of the Open Meetings Act,” said Edward Maher, a spokesman for Countryside-based IUOE Local 150.

* McLean County suggests mandates Illinois could eliminate: The county has submitted recommendations, such as tightening eligibility requirements for the state municipal retirement fund , reducing the number of property tax exemptions, eliminating juror pay, no longer publishing legal notices and pulling back on expanded voter access.

Field notes: In Naperville Rauner’s anti-union Turnaround takes a u-turn. | Fred Klonsky

 

At nearly ten o’clock this evening and after listening to well over 30 outraged Naperville residents, one exasperated and tired Council member reluctantly agreed that even the passage of their paired-down version of Rauner’s Turnaround Agenda would be all too symbolic of a victory for Rauner’s entire agenda, one which includes an attack on unions and collective bargaining.

The Naperville version had expunged the “whereas” positions regarding collective bargaining and unfunded liabilities, but enough of the old language remained to aggravate a strongly union audience, which made it clear through various speakers their opposition to any of it.

“Empowerment zones,” one speaker cited, “are described by Rauner in his State of the State speech as regions in which fair share, collective bargaining, and unions can be avoided. Your dropping of the term ‘collective bargaining’ does not drop the intent in the governor’s own stated definition.”  He went on to quote those sections of the speech.

In fact, most if not all of the Council members in Naperville seemed unclear about any of the language in the remaining ten position points.    When asked about what empowerment zones were, they instead threw questions back to the speakers.

Various speakers, some still wearing their work clothes, proudly walked to the podium tutored them and the audience.

One council member asked if “anyone could tell me what the 280 unfunded mandates are?” People in the audience, realizing that the Council was looking at the adoption of a resolution without knowing what it meant, were concerned and understandably unsettled.

One articulate representative for union carpenters was asked if he knew what Prevailing Wage meant.  He walked the members of the Naperville Council through the levels of pay, which are set in Springfield, not local entities. He explained why various states had different levels of Prevailing Wages. He educated the Council on the arduous but necessary path to a level considered a qualified professional carpentry.  His answer seemed illuminating for them.

In fact, his explanation was so lucid and comprehensible; they even asked him to explain what Illinois compensation for workers was. (Again, these questions from a panel of a City Council about to move a resolution regarding these terms, concepts, and understandings – all of which could have significant impact on the people before them and the citizens not in attendance.)

He explained the complicated but necessary determinations of costs given for a loss of a finger, an arm (right vs. left), and an eye.  He also explained what a traveling injury might look like from the perspective of a worker asked to go to another job site.

Unembarrassed, they even asked the carpenter representative if he knew what the 280 unfunded mandates were.  He threw his hands up and said, “Ask Rauner.  He’s got a couple million to find the answer.”  Applause.

Additional citizens appeared, warning the outgoing Mayor Pradel to avoid leaving this pathetic resolution as his legacy.  Others warned the incoming mayor the passage of such a resolution would besmirch his own leadership for his term in office.  Many more decried the continued attack by people like Rauner on the middle class.

“Why would you bring this forward as many of you prepare to leave the Council?  “Why this last minute push to put this resolution through as our Mayor and many of you prepare to retire from your positions?  Is this some kind of lame-duck action about which you’ve given little if any thought?

After the open forum ended, two of the Council members described the phone messages they had received from Rauner.  He called them each and asked them to push forward the Turnaround Agenda in Naperville.  One was eager to describe how the Governor has no caller ID when he calls.  The other still had his message on his phone.

“But now,” said one of them, “I can see that we cannot pass this without tacitly approving in appearance all of the agenda for Rauner.”

The incoming Mayor Chirico asked the resolution be tabled indefinitely, but he added that he was looking forward to “helping the Governor in some way to make Illinois great again.”  Promises to review the Turnaround Agenda at a later date were proposed by many of the Council members. Chirico added, “We might all have to sacrifice.”

Field notes: In Naperville Rauner’s anti-union Turnaround takes a u-turn. | Fred Klonsky

Miller: Gov. Bruce Rauner has big bucks behind 'Turnaround' campaign | Northwest Herald

 

Gov. Bruce Rauner devised a new way to reward his friends and punish his enemies on Thursday when he created a campaign committee called “Illinois Turnaround.”  

Illinois Turnaround is an independent expenditure committee, meaning contributions to it and by it are not capped by law. The committee’s officially stated purpose is to “support state legislative candidates who support Gov. Rauner’s bold and needed reforms, and to oppose those who stand in the way.”
  • According to Rauner insiders, the new committee will be given $4 million to $5 million within days of its founding. That’s in addition to the $20 million the governor has in his own personal campaign account, which won’t be touched for this particular effort. Spending on advertising is expected to begin soon after the money comes in.

    The governor’s campaign also released a polling memo which purports to show the public backs his agenda. While his job approval rating is just 38 percent, his disapproval rating is five points below at 33 percent and his favorable rating is 42 percent, versus 34 percent who view him unfavorably. 

    By contrast, the General Assembly’s job approval rating is a mere 20 percent, with 57 percent disapproving. House Speaker Michael Madigan’s favorables are just 24 percent, with 51 percent viewing him unfavorably.

    The poll also found that 57 percent agree with: “Bruce Rauner is trying to shake things up in Springfield…

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  • Read the entire article by clicking on the following:  Miller: Gov. Bruce Rauner has big bucks behind 'Turnaround' campaign | Northwest Herald