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.