Atomic Posted June 5, 2015 Report Posted June 5, 2015 The NFL wanted to settle out of court for a very similar case. Do you think they would have done that if the case is as simple as you say it is? Unfortunately you are approaching this from the perspective of someone whose prime concern is that you don't want to lose the CFL. The guy who played football for 5 years, was refused advanced helmets that were available (too expensive!), was refused an evaluation by an independent doctor, and was told he was "fine, just fine" by CFL employed doctors..... that guy might have a different perspective.
WBBFanWest Posted June 5, 2015 Report Posted June 5, 2015 The NFL wanted to settle out of court for a very similar case. Do you think they would have done that if the case is as simple as you say it is? Unfortunately you are approaching this from the perspective of someone whose prime concern is that you don't want to lose the CFL. The guy who played football for 5 years, was refused advanced helmets that were available (too expensive!), was refused an evaluation by an independent doctor, and was told he was "fine, just fine" by CFL employed doctors..... that guy might have a different perspective. I think you missed the point. I'm not saying that this is simple at all. Rather I'm saying that this is a very complex issue. Sure players can sue. Kory can make whatever claims he wants, that's the easy part. Now comes the hard part; proving your claims.
Atomic Posted June 5, 2015 Report Posted June 5, 2015 Yes but they don't have to prove any of the stuff you say they do. What do they have to prove? That the CFL actively worked to de-legitimize concussion concerns. Not providing independent doctors, not providing the best in helmet technology, and especially disseminating misinformation as suggested by the TSN article... that's what the case is going to come down to.
WBBFanWest Posted June 5, 2015 Report Posted June 5, 2015 Yes but they don't have to prove any of the stuff you say they do. What do they have to prove? That the CFL actively worked to de-legitimize concussion concerns. Not providing independent doctors, not providing the best in helmet technology, and especially disseminating misinformation as suggested by the TSN article... that's what the case is going to come down to. Remember that what Kory alleges and what can actually be proven might not be quite as cut an dried as you seem to think. Let me give you a few examples: 1 - not providing independent doctors: Is there a requirement for the employer to do this? Did the player undertake to have this done on his own if the team refused? If it is required that the team provide this service and refused, did the employee ask for the union to get involved? Who defines what an "independent doctor is? 2 - not providing the best helmet technology: what exactly is "the best technology"? What metrics are used to come to that decision? Is adequate technology sufficient? (Does the company have to supply a cadillac, or will a chevy do?) 3 - Disseminating misinformation: Specifically, what information are we talking about? Just because the employee disagrees with the employer's opinion does not make it "misinformation". Can it be proved that the team knew that the information they were providing was inaccurate and yet did so anyway? And those are just a few things off the top of my head. I'm sure that there are many more. Again, bear in mind that just because a lawyer says something doesn't make him right. That's why there are courts and that's why plaintiffs actually lose from time to time.
Tracker Posted June 5, 2015 Report Posted June 5, 2015 In the Excited States of America (home to 90% of all the lawyers in the world), people sue organizations all the time for what we would consider frivolous reasons, but the plaintiffs hope that the bad publicity and cost of mounting a defence will get the organization to settle. And usually they do, but the standards of proof are a good deal more lax down there, so a finding for the plaintiff is more likely than here in Canada. Banks is probably thinking he can force a settlement and walk away with a tidy nest egg, but I wouldn't bet on it. The CFL's insurance company may look at their costs in defending themselves and offer a token settlement with a non-disclosure agreement.
Atomic Posted June 5, 2015 Report Posted June 5, 2015 Yeah absolutely. I have no idea what's going to happen. That's the stuff that will get worked through in court. I'm just saying, they do appear to have a case. How strong it is... We'll find out.
blueandgoldguy Posted June 5, 2015 Report Posted June 5, 2015 I find it amazing that all these leagues have no shortage of players eager to file suits like this. If they actually succeeded they would pretty much destroy the whole league - especially the CFL. After he made a pretty good living in it for many years. Pretty despicable if you ask me. I'm not sure how I feel. I understand your point of view but I also believe that the CFL and NFL have been less than responsible when it comes to brain injuries and they should have to answer for that. If the CFL misled the players as the NFL did to their players with the info packages they gave several seasons ago (ie. it's perfectly safe to play shortly after sustaining a severe blow to the head or concussion and playing shortly after sustaining a concussion will not increase the likelihood of receiving another concussion) then the league probably deserved to be sued.
blueandgoldguy Posted June 5, 2015 Report Posted June 5, 2015 There is no judge in the world that will fold a league on a class action lawsuit. Asking for 200 million is more than the worth of all CFL teams combined. Banks and his buddy are idiots. Maybe there is a kernel of legitimacy to their claims but the dollar amount is completely ridiculous. Where does Kory Banks think the CFL is going to get 200m. IDIOT. I hope he never graces us with his presence on this side of the border again. Just an ass clown. Ask for an outrageous amount - $200 million - and settle for $20 million, assuming they have a legitimate case. Ask for a not-so-outrageous amount - $20 million - and settle for $5 - $10 million assuming they have a legitimate case.
JuranBoldenRules Posted June 5, 2015 Report Posted June 5, 2015 All the benefits stuff is collectively bargained. It's his fault/his agents fault for not knowing what benefits he has, had and doesn't or didn't have. I'm also not sure how the CFL suppressed his right to research the effects of concussions. Blocked Google? You can't sue somebody based on your own ignorance. The only relevant piece of this action is the stuff about independent medical staff.
Atomic Posted June 5, 2015 Report Posted June 5, 2015 All the benefits stuff is collectively bargained. It's his fault/his agents fault for not knowing what benefits he has, had and doesn't or didn't have. I'm also not sure how the CFL suppressed his right to research the effects of concussions. Blocked Google? You can't sue somebody based on your own ignorance. The only relevant piece of this action is the stuff about independent medical staff. Good old JBR, our resident expert on... Everything, it would seem!
CaptainHadley Posted June 5, 2015 Report Posted June 5, 2015 All the benefits stuff is collectively bargained. It's his fault/his agents fault for not knowing what benefits he has, had and doesn't or didn't have. I'm also not sure how the CFL suppressed his right to research the effects of concussions. Blocked Google? You can't sue somebody based on your own ignorance. The only relevant piece of this action is the stuff about independent medical staff. Good old JBR, our resident expert on... Everything, it would seem! Are you an expert on blocking google?
Atomic Posted June 5, 2015 Report Posted June 5, 2015 All the benefits stuff is collectively bargained. It's his fault/his agents fault for not knowing what benefits he has, had and doesn't or didn't have. I'm also not sure how the CFL suppressed his right to research the effects of concussions. Blocked Google? You can't sue somebody based on your own ignorance. The only relevant piece of this action is the stuff about independent medical staff. Good old JBR, our resident expert on... Everything, it would seem! Are you an expert on blocking google? Ya, you gonna send me to Shawshank? CaptainHadley 1
ALuCsRED Posted June 6, 2015 Report Posted June 6, 2015 Yes but they don't have to prove any of the stuff you say they do. What do they have to prove? That the CFL actively worked to de-legitimize concussion concerns. Not providing independent doctors, not providing the best in helmet technology, and especially disseminating misinformation as suggested by the TSN article... that's what the case is going to come down to. Remember that what Kory alleges and what can actually be proven might not be quite as cut an dried as you seem to think. Let me give you a few examples: 1 - not providing independent doctors: Is there a requirement for the employer to do this? Did the player undertake to have this done on his own if the team refused? If it is required that the team provide this service and refused, did the employee ask for the union to get involved? Who defines what an "independent doctor is? 2 - not providing the best helmet technology: what exactly is "the best technology"? What metrics are used to come to that decision? Is adequate technology sufficient? (Does the company have to supply a cadillac, or will a chevy do?) 3 - Disseminating misinformation: Specifically, what information are we talking about? Just because the employee disagrees with the employer's opinion does not make it "misinformation". Can it be proved that the team knew that the information they were providing was inaccurate and yet did so anyway? And those are just a few things off the top of my head. I'm sure that there are many more. Again, bear in mind that just because a lawyer says something doesn't make him right. That's why there are courts and that's why plaintiffs actually lose from time to time. The big factor is which concussion causes the damage. The first one? Where were hey playing when the had the first one? High School? College? Maybe it was the last concussion? Do you think players are always honest with teams when they get hurt? How about their injury history?
CaptainHadley Posted June 6, 2015 Report Posted June 6, 2015 All the benefits stuff is collectively bargained. It's his fault/his agents fault for not knowing what benefits he has, had and doesn't or didn't have. I'm also not sure how the CFL suppressed his right to research the effects of concussions. Blocked Google? You can't sue somebody based on your own ignorance. The only relevant piece of this action is the stuff about independent medical staff. Good old JBR, our resident expert on... Everything, it would seem! Are you an expert on blocking google? Ya, you gonna send me to Shawshank? Finally someone gets it.
Goalie Posted June 6, 2015 Report Posted June 6, 2015 Banks looking to cash in. It's crazy tho. We will see what comes of this if anything.
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