Why a class action and not mass tort?
When our firm was approached many months ago about taking this on, the promise was made that we would file on behalf of “the brotherhood”—all former players who wore the maize and blue and that we wouldn’t just file separate claims for “big name” stars. While we recognize that certain players’ names have more monetary value than others (an All American whose jersey was sold and who was prominently featured in broadcasts and highlight clips certainly has more monetary damages than players who did not have the same profile), no player who wore the maize and blue views himself as “less than” a former star player. And all of you have some damages in our view. You all view yourselves as part of the brotherhood and we are pledged to try and get compensation for all of you. If you aren’t happy with this approach, you are free to do your own thing/file your own claim. I don’t want anyone to feel obligated to join and I don’t want to talk anyone into this. I was asked to do this, and I am following through. If you feel this firm isn’t right for you, then please by all means do what you need to do, and nobody will begrudge you that.
Why this lawyer and law firm?
I have been around the Michigan football family in one way or another for 25 years. I have represented numerous former UM FB players, both when they played at UM and after. I still represent many ex-UM players today. Some are like family. I have always looked out for UM players (and hopefully human beings in general that I encounter) and due to that reputation, as well as what I have done for ex-NFL/MLB players, I was approached to do this.
How much money can I expect to get?
I have been asked this countless times and my answer is this: expect to get nothing and whatever we get you is gravy. I have NO CLUE how this will play out and to shoot my mouth off and create unrealistic expectations would be foolish. My goal is to get as much as I can based on what we determine any economic and non-economic damages are.
Will this case be converted from a class action to mass tort where ex-players can file individual claims?
It is possible but we are working to make this a class action. To that end, on December, 12, 2024, Plaintiffs filed a Motion for Class Certification. We will keep all class members apprised when the Judge rules on this motion.
Why only 4 class representatives?
Most class actions only have a small number of class reps to limit chaos. In the MLB pension lawsuit of 2002, filed on behalf of 1,500 ex-players, I had 3 class reps. More wanted to act as class reps but it is too difficult to manage, and communications often stall where there are more. So, we have decided to limit it to 4 class reps but we are looking at adding certain ex-UM legends as spokesmen for different eras.
Could this lawsuit be grouped with other NIL cases filed after this one?
In short, the answer is yes. We were the first former football player group to file an NIL action. Not long after we filed, Reggie Bush sued the NCAA and USC and Terrelle Pryor sued the NCAA and Ohio State. (A decision was made by this group to not sue the University of Michigan.) But there are certainly more coming.
If you remember the opioid class action lawsuits, the initial class action was filed in Cleveland, Ohio in federal court. Hundreds of lawsuits were then filed after that around the country. The Judge in Cleveland ordered consolidation of the actions and they were all grouped in Cleveland. Essentially it became one mass class action, and anyone who filed an action around the country had to file it in Cleveland, Ohio. That could end up happening here. It is called MDL (multi-district litigation), and in the interest of judicial economy it happens and it is not something we have any control over.
Isn’t it true only the lawyers get rich in a class action and the class gets pennies?
I have received this comment several times –both via emails from potential class members and even a couple of times by sports radio hosts. Look, maybe that’s how it’s gone in some class actions we have all read about, but not here and not this firm. At least 2/3 (if not more) of any monetary compensation we garner will be spread among the class in some fashion, depending on who has what damages. Any fees this firm garners will be due to what will be thousands of man hours, multiple lawyers, and many support staff whose names you do not see, all of whom will be involved in this case. Already 5 attorneys at this firm (as well as 2 law clerks, 2 paralegals and 2 secretaries) have had a hand in this case and no doubt many more attorneys here will before it is all said and done. When you devote much of your firm’s resources to a file, you are entitled to fees you earn. Not that we need to justify it, but in the interest of transparency, understand this: in the MLB pension class action of 2002, this firm only received money for actual costs and not for fees; we took a substantial monetary loss, but it was worth it when years later our class got–at least in part–what they deserved. In the NFL concussion class action, while ours was one of the initial law firms of record (and remains so to this day), we received nothing from fees awarded to lead counsel — the only money this firm has seen has been off of individual claims filed for ex-players, and those were and are hard-earned fees, I assure you. There is a misconception about a lot of the legal world. Nonetheless, understand that nobody here is planning to “get rich” off this.