How are sports law cases brought by former professional or amateur athletes different than those typically brought by current athletes?
Minneapolis sports litigation attorney Brian Gudmundson explains how the collective bargaining agreement allows for a big difference in rights amongst current and former pro athletes.
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Well, the one instance that I’m familiar with is obviously the case that we were involved with, which we have resolved and which has a class action settlement pending and so there are no claims pending. But in that case we simply said all the things that we’ve seen, you know, the frozen tundra of Lambeau Field, the slow-motion spiral, the things that we’re sort of accustomed to seeing, did the players actually agree to be paid for those – agree to allow the NFL to do that, are they getting paid for it? We asked a lot of tough questions, I think, we litigated the case very hard and we came to a result that’s going to be, we hope, beneficial for both the league and for us. But it all goes back to the question, what was agreed to and do any of the collective bargaining agreements or any previous agreements apply to players once they have retired? And I think that every league has to be asking those questions.