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

2

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,

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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

4

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

5

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

6

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

8

COMPLAINT

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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."

9

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

10

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

îuty 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

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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

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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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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


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

tôut hiscareer as a professional


due to football-related

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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


current injury.

Itiple past traumatic brain


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



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.


îdnot 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 multiplîmproperly diagnosed and improperly treated througljio


106. Plaintiff Mike Sherrard was not warned



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


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



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,


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


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


120. PlaintiffBrian C. Dudley was not warnefd




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


ûgust 30, 1960, in Los Angeles,rnia.

Cleveland, Browns during the


J(iout his career as a professional



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


player in the NFL.

125. Plaintiff Brad Booth was not warned by



was a substantial factor in causing his current injury.

126. Plaintiff Brad Booth suffers from mu


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


player in the NFL.

130. Plaintiff Chris Hale was not warned by



was a substantial factor in causing his current injury.

131. Plaintiff Chris Hale suffers from multip


22

, California,

from 1987 to 1988.


career as a professional football

lers

the NFL, NFL Properties, Inc. or



due

iltiple past traumatic brain injuries


4, 1966, in Monrovia,

folrnia.

Bills from 1989 through 1992.


as a professional footballcareer

COMPLAINT

he NFL, NFL Properties, Inc. or



due

e past traumatic brain injuries


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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


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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symptoms: headaches, blurred vision, short-term memory

Norman Scott Byeris


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


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


150. Plaintiff Darryl Crane was not warned

or Riddell Defendants of the risk of long-term injury


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.



loss and anxiety.

October 24,1960, in Jacksonville,

tfsburgh Steelers in the 1983 pre-


out his career as a professional

from

24

COMPLAINT

by the NFL, NFL Properties, Inc.



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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

numbness and stiffness, and loss

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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.


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.


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.


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


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


care in responding to independent scientific studies on the riskof concussive brain

injuries and the subsequent damaging effects.


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.


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.


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


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

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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


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

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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


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


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


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,

ûty 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

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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 *•

< *-

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^teÂtSove'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\ Îjyp^^ctJonMflji-V Category N». • t'i * ,h;^ » "* , (Check only*one) •;«:!•> llllliili! wpplicabielReasons.-.

||iSeeStepÂbove

S.|r

ft

o 3£-5

5 eO <9

z a

E>.o

a.

£tu

ou

a.P

«

? 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


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

o

Ho>

'£_»

X

£Q.

Eo

o

«co

"«>

1a.

c e

§ 6s -g1

c --UJ o

si

.2 E• 5 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


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


Local Rule 2.0

Page 4 of 4

Documents

Johnnie Morton et al v. NFL