Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

In what seems to be an unprecedented move, the family of former Chicago Bears and New York Giants defensive back Dave Duerson sued the NFL for wrongful death, as a result of Duerson's self-inflicted, fatal gunshot wound. Duerson killed himself in February of 2011, and the lawsuit blames the suicide on the NFL's mishandling of concussions. Helmet manufacturer Riddell is also named in the Complaint. 

Although there have been numerous lawsuits filed against the NFL by retired players seeking recovery for concussion-related injuries and symptoms, this litigation goes a step further, and will require medical evidence of a causal connection between the injuries Duerson sustained in his playing days and his decision to shoot himself.

The burden of proof will be difficult for the plaintiffs. A review of the comments posted to the various articles on this lawsuit reveals that the public is quite skeptical. If the case cannot be settled, the plaintiffs will have to convince the jurors of the connection between Duerson's concussion symptoms and his suicide through convincing medical expert testimony, and will have to show that the NFL deviated from accepted standards of care for handling concussions. It will definitely be interesting to see what the outcome of this case will be.
 

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In May of 2011, NY Mets longtime equipment manager Charlie Samuels was indicted on criminal possession of Mets equipment and memorabilia, which the Queens County District Attorney alleged Samuels stole from the Mets clubhouse during his 27 years with the team.  Samuels stole an estimated $2.3 million worth of equipment, and faced significant jail time.

This week, Samuels pled guilty to criminal possession of stolen property, and tax evasion. However, Samuels walked away with only 5 years probation, and must pay restitution and fines of approximately $75,000, which is essentially the bail money he posted.  

Samuels' greed cost him a dream job. Samuels had access to Mets players throughout his tenure, and received enormous tips. The Mets declared the prosecution a success, and Samuels is now banned from Citi Field and other Mets facilities.

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The next time you hear a legal commentator tell you a case is an "all or nothing" case - beware.

Time and time again, jurors show that they love to compromise their verdicts. In the Huguely trial, the jury knew the defendant killed Yeardley Love, but they questioned degree of his conduct. At the same time, the jury wasn't buying (from the defense) that this homicide was an accident.

After only 9 hours of deliberations on a homicide case (on the short side), the jury saw a clear path to closure and compromise. They could reject the prosecution's demand for a conviction on Murder 1 (premeditation) and the defense theory of criminally negligent homicide by splitting the difference. Sitting right before them was the crime of Murder 2 (violent killing without premeditation). This verdict would provide a murder conviction but not the death penalty or a life sentence for the young Huguely.

In the end, the jury found the perfect compromise to end a very tragic episode.

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In the battle for collegiate conference supremacy, West Virginia University, paid big time to get what they wanted. While WVU's athletic director, Oliver Luck, said the terms of the settlement were confidential, it has been reported that the settlement totaled $20 million. It is unknown how the settlement proceeds will be paid, however, they will not come from state, taxpayer, tuition, or other academic dollars, rather exclusively from private sources and money the athletic department raised independently. This settlement stems from WVU's suit against the Big East challenging the enforcability of the Big East's by laws so WVU could leave for the Big 12 prior to the 2014 season, a 27 month requirement. After WVU filed suit, the Big Easy sued WVU in another venue, alleging that WVU breached its contract with the Big East and was required to remain in the Big East for two years. Recently, WVU's motion to dismiss the Big East's lawsuit was denied, which most likely prompted the settlement. As part of the settlement and dismissal of the suits, WVU agred to have a West Virginia court enter a judgment declaring the Big East's by laws valid and enforceable. By leaving the Big East, WVU should receive between $18 and $19 million per year from the Big 12's lucrative television deals, nearly double what it would have received from the Big East. With the settlement, WVU is cleared to join the Big 12, and will begin conference play at home against Baylor on September 29, 2012. 

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It is former UVA Lacrosse Star, George Huguely's defense that he didn't intentionally kill Yeardley Love. Huguely claims they had a rough physical encounter in which Love "freaked out" in mixed of alcohol and Adderall.

But Tuesday, the Assistant Medical Examiner told the jury that Love's blood alcohol level of .14 and normal level of Adderall (for some on who takes it) in her blood did not cause her death. The medical examiner instead explained to the jury that Love's brain sustained such intense blunt trama it was like she was in car accident. According to the prosecution, the trauma to the brain was so severe it would cause a slowing of breathing and cardiac arrest.

This type of devastating medical evidence will be very difficult to overcome for the defense. Testimony about massive brain trauma causing Love to suffer a cardiac arrest is "impartial evidence" of violent intentional murder. This type of evidence will prove, for the moment, the Love's death caused a vicious and dangerous person.

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The prosecution's theory of murder against former University of Virginia lacrosse star, George Huguely, is simple. The state claims that, in a rage, he brutally murdered his ex-girlfriend, Yeardley Love.

Huguely, for his part, contends, that they both consumed large amounts of alcohol and that Love was also taking Adderall which caused her to "freak out." Huguely claims that they might have struggled but he never intended in kill her (no premeditation for Murder 1).

On the last trial date, the prosecution decided to play Huguely's interrogation video showing when the police told him that Love was dead. On the video and live in court, Huguely began to cry. His open emotion caused Love's sister to cry in an inconsolable fashion. More importantly, at least 2 jurors were seen in tears.

So was this a positive moment for the defense? Was Huguely's pain enough to humanize him for the juror and cause him to become a sympathetic figure?

Many court observers seem to think so but trial moments can be fleeting. Just because there was shared pain over the death of Love does not mean that the jury will nullify a murder charge. The court will also instruct the jurors that sympathy has no place in their deliberations. It seemed to me that inexperienced trial reporters may have placed too much emphasis on a passing emotional moment.

These same commentators failed to recognize the brutality of the alleged crime and how badly beaten Love was at the time of her death. Huguely will have the jury believe that her injuries were self-inflicted or from lacrosse games. But the jurors will see that Huguely literally may be put Love's head through a door in his rage.

That horrible image will last longer than a moment of tears.

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