NFL Players Union Reaches $26.25M Settlement with Retirees over Madden... Is EA Lawsuit Next?

June 5, 2009 -

Old school NFL players, angered by their uncompensated depiction in EA's best-selling Madden series, have won a huge victory against their former union in the case.

The Associated Press reports that National Football League Players Association has settled the lawsuit filed by NFL retirees for a whopping $26.25 million. GamePolitics readers will recall that in November, 2008 a federal court jury awarded the players $28.1 million, with 3/4 of that figure representing punitive damages. Jurors were clearly appalled by e-mails which showed that NFLPA officials conspired with EA to obscure the identities of retired players depicted on Madden's classic teams.

The NFLPA promptly appealed the verdict, but has now settled for an amount equal to 93% of the jury award. In other words, the NFLPA has capitulated. Attorney Ron Katz, who represents the retired players, praised new NFLPA president DeMaurice Smith and called the settlement "a real step to a reconciliation" with the union.

A formal announcement of the deal will come this morning in Washington, D.C. Former Packers and Cowboys DB Herb Adderley, a named plaintiff in the class action suit, is scheduled to speak, according to ESPN.

With the NFLPA suit resolved, the question now looming is whether the retired players will pursue legal action against EA for use of their unlicensed images in Madden. Although a key entity in the NFLPA suit, EA was not a named defendant. However, militant NFL retiree Bernie Parrish said in April that the retro players were looking into suing both EA and John Madden once the NFLPA case was over. Toward that end Parrish urged the establishment of a legal war chest. We note that former NFL player Dave Pear wrote on his blog yesterday:

We all need to put $1,000 into a war chest so we can continue our battle for justice and vindication! Bernie, please let me know where to send the money once we receive a check.


Comments

Re: NFL Players Union Reaches $26.25M Settlement with ...

All I really want is the NFL and other exclusive licenses to be freed up for other bids. This will have the biggest impact on game quality.

Re: NFL Players Union Reaches $26.25M Settlement with ...

I hope EA is next, but I don't like EA...

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Re: NFL Players Union Reaches $26.25M Settlement with ...

Neither do I, but nothing brings people together like a common enemy. When I see a jock bullying a geek, I side with the geek.

These people redefine the word "Greed."

Weird Al could have used something like this in his song, "I'll Sue Ya."

Re: NFL Players Union Reaches $26.25M Settlement with ...

after this no one is going to want to use them in anything ever again with their permision or not they better hope they never need another pay day.

Re: NFL Players Union Reaches $26.25M Settlement with ...

You mean the 'pay day' they were screwed out of by pretending they weren't the players in those games? Yeah, I truly hope they won't ever need that again.

Seriously, they got used without permission and without benefits. What did you expect, them to roll up and take it in the ass? Image-use is big business in those sports, and for retired players that's quite useful while you're trying to re-integrate into society at an age many others are merely midway.

Re: NFL Players Union Reaches $26.25M Settlement with ...

Got it right there. Nobody likes a sue-happy whiny biatch, no matter how justified their cause. Because who knows? If they sued them, and sued others, they might sue you too for some half-assed reason as well! And they'd probably win, because the system sucks horribly.

Re: NFL Players Union Reaches $26.25M Settlement with ...

Can I just say 4 things here about this lawsuit, Loony Retired NFL Players that want to be a Troll about it

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
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Andrew EisenAs mentioned, Gamasutra isn't a gaming site, it's a game industry site. I don't feel it's changed its focus at all. Also, I don't get the sense that the majority of the people who took issue with that one opinion piece were regular readers anyway.07/28/2015 - 8:43pm
MattsworknameDitto kotaku, Gawker, VOX, Polygon, ETC07/28/2015 - 8:41pm
MechaTama31So, between pulling a game from one chain of stores, and forcing editorial changes to a media source, only one of them strikes you as being on the edge of censorship, and it's the game one?07/28/2015 - 8:41pm
Andrew EisenHave gamers ever tried to ban a product? Can you be more specific? I'm not clear what you're getting at.07/28/2015 - 8:41pm
Mattsworknamethey should have expected some kind of blow back. But I didn't participate in that specific action07/28/2015 - 8:41pm
MattsworknameAndrew Youd have to ask others about that, I actualyl didn't have much beef with them till last year, so I can't speak to there history. I simply feel that gamesutra chose politics over gaming and chose to make enimies of it's prime audiance. For that,07/28/2015 - 8:40pm
Andrew EisenI'm still not clear on how Gamasutra was lacking in accountability or what it was lacking in accountability for.07/28/2015 - 8:38pm
MattsworknameAndrew: You and I agree on most of that. I don't diagree that there should ahve been other actions taken. Now, I do want to point something out, casue Im not sure if it's happened. Have gamers ever tried to have a product banned?07/28/2015 - 8:37pm
Mattsworknameimproperly. Neither is good, but one is on the edge of censorship to me, while the other is demanding some level of accountability from public media provider. but thats just my view point07/28/2015 - 8:36pm
MattsworknameEZK: You can treat it as bullying or what not, As I've pointed out, I didn't like either practice, I made that clear. But I do hold some different between trying to pull a product from the shelves, and calling out a media outlet that you feel has acted07/28/2015 - 8:35pm
E. Zachary KnightMatt, So you feel confident enough to make the call that petitioning target to remove GTAV is "bullying and threatening" but not confident enough to make the call on Intel/Gamasutra. Finding it hard to take your gripes seriously.07/28/2015 - 8:27pm
Andrew EisenAs for gamers holding media sites accountable? If you mean, how to respond to opinion pieces you disagree with, yes, there are tons of more appropriate means.07/28/2015 - 8:27pm
Andrew EisenAgain, no one likes being lumped in with the bad apples. Gamers or feminists so lets all strive not to do that, yes? Could the petitioners gone about it a better way? Yes, it could have been more factual in its petition, for starters.07/28/2015 - 8:25pm
Mattsworknamefor gamers to hold the media sites they had issues with accountable? If we look at those questions, I think we find the answer to the first one07/28/2015 - 8:20pm
MattsworknameEZK: I can't answer that, Im split on it cause I feel both are wrong ,but at the same time, I don't know if theres other ways to go about those seperate con.cerns. Was there a better way for feminists to make there point about GTA? was there a better way07/28/2015 - 8:20pm
MechaTama31Ok, a very different topic.07/28/2015 - 8:13pm
MechaTama31On a slightly different topic, in about a month my fiance will be a Mrs., but I'll still be a Mr., as I've always been. Hardly seems fair. I want a nifty new title!07/28/2015 - 8:13pm
E. Zachary KnightMatt, So, what is it? Is petitioning Intel to pull ads from Gamasutra "bullying and threatening" or is it justified? You can't have it both ways, especially if petition Target is "bullying and threatening".07/28/2015 - 8:10pm
Andrew EisenWhat this comes across as is "we need to find a way to silence anyone who says something we don't like."07/28/2015 - 8:08pm
Andrew EisenAnd how was Gamasutra not accountable for the opinion piece it published and refused to pull or edit even after advertising had been pulled?07/28/2015 - 8:08pm
 

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