Johnnie Morton Et Al v. NFL

ORIGINAL
FREDD HEATHER - State Bar No. 110650 fheatherfl iglaserweil.com
ADAM EEBERTHON - State Bar No. 145226
aIeberthon@glaserweil.com
MARY ANN T. NGUYEN - State Bar No. 269099
mnguyen@glaserweil.com
GLASERWEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP
Superior Court of Ca California or

Cou county
FILED
of Los Angeles
10250 Constellation Boulevard, 19th Floor
MAY 21 2012
A. Ctate, Executive Office John A.CJarfje,ExwujiveJ^fficer/Cterk
Los Angeles, California 90067 Telephone: (310)553-3000 Facsimile: (310)556-2920

THOMAS V. GIRARDI - State Bar No. 36603 GRAHAM B. LIPPSMITH - State Bar No. 221984 CELENE S. CHAN - State Bar No. 260267
GIRARDI KEESE 1126 Wilshire Boulevard
10
Bv ^
MOSES M ^^
<iffi^\ Deputy
Telephone: (213) 977-0211
Los Angeles, California 90017
r-.
\) " D %
;isl
Facsimile: (213)481-1154
Attorneys for Plaintiffs
Johnnie Morton, et al.
^[\ Au viG'cf
[)vfrf-LiO\S
12
.8 2
o
13
C
SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
c sz
u
14
15
16
V)
17
18
MCCORVEY; KURT BARBER; MIKE SHERRARD; STOCKAR MCDOUGLE and his wife, OCTAVIA MCDOUGLE; TOI COOK and his wife, KRISTINE
JOHNNIE MORTON: KEZ
Case No. BC485131

Assigned to the Honorable
Department:
COM PLAINT FOR DAMAGES
1. 2.
19
20
COOK; BRIAN C. DUDLEY; BRAD
21
22
BOOTH: CHRIS HALE; JOHN JACKSON and his wife, ANN FRANCES JACKSON; DENNIS CLAY and his wife, STACEY CLAY; NORMAN SCOTT BYERS and his wife, STEPHANIE BYERS; and DARRYL CRANE, Plaintiffs,
Negligence;
Fraud; Fraudulent Concealment;
3.
4.
Negligent Misrepresentation;
23
24
v.
5. 6. 7. 8. 9.
Negligence;
Strict Liability for Des^ #Bt;

" a w* "
m a: t j -s a u > -h a
Negligence; | s w
m s> to
Failure to Wm%> ^
2 2 <=* "
wW
60
Loss or ConsOimrm?
at
sg
G3 t<i
.cs co
QUI
25
DEMAND FOR JURY JRraE

o
26 27
28
NATIONAL FOOTBALL LEAGUE; NFL PROPERTIES, LLC; RIDDELL, INC: d/b/a/ RIDDELL SPORTS GROUP,
ro <o i oo m S o X oO- w -J rry at
INC.; ALL AMERICAN SPORTS CORPORATION, d/b/a RIDDELL/ALL AMERICAN; RIDDELL SPORTS
COMPLAINT
760727
GROUP, INC.; EASTON-BELL SPORTS, INC.; EASTON-BELL SPORTS, LLC; EB SPORTS CORP.; AND RBG HOLDINGS CORP.; and
Does 1 through 100, inclusive.

3
Defendants.
4'
Plaintiffs, on behalf of themselves, by and through their attorneys, hereby

complain of Defendants named above, and hereby al lege as follows:
I. INTRODUCTION
6
7
1.
This action is brought by Plaintiffs former National Football League
9
10
("NFL" or "League") players who seek damages for the long-term chronic injuries,
financial losses, expenses, and intangible losses they suffered as a
result of
11
Defendants' wrongful conduct with respect to concussive brain injuries sustained by

Plaintiffsduring their NFL careers and the subsequent damaging effects.
2. For many decades, evidence has linked repetitive concussive brain injuries to long-term neurological problems in many sports. Defendants were aware
of the evidence and the subsequent damaging effects associated with repetitive
12
2
O '5.
u
13
!/>
J*' eg c c
14
<u
_c u
JU
_
15
16
17
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 to create and fund the Mild
18
19
20
21
Traumatic Brain Injury Committee (the "MTBI") in an attempt to undermine existing

scientific studies and evidence that linked head concussions received by NFL players
22
23
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
24
analyzing and reconstructing head impacts. These studies have largely contradicted
over 75 years of weighted scientific evidence.
25
26
4.
Simply put, Defendants not only failed to inform players of the true risks
27
of concussive brain injuries and the subsequent damaging effects, but also fraudulently misrepresented and concealed medical evidence on the issue from
l
28
COMPLAINT
760727
Plaintiffs.
II. JURISDICTION AND VENUE
3
4
5.
10.
Jurisdiction is based upon the California Constitution Article 6, Section
6.
Venue is proper in this Court pursuant to Section 395(A) of the
6
7
California Code of Civil Procedure.
III.
IDENTIFICATION OF THE PARTIES

Plaintiffs
8
9
7.
California.
Mr. Johnnie Morton is a resident of and is domiciled in the State of
10
II
8.
Florida.
Mr. Kez McCorvey is a resident of and is domiciled in the State of
12
o
u
a.
to
13
9.
Mr. Kurt Barber is a resident of and is dbmiciled in the State of
cS
c
c
14
<u
JC
Kentucky.
15
10.
California.
Mr. Mike Sherrard is a resident of and i^ domiciled in the State of
J3i 6 oil
SI g
16
17
11.
Mr. Stockar McDougle and his wife, Odtavia, are residents of and are
18
19
domiciled in the State of Florida.
12.
Mr. Toi Cook and his wife, Kristine, arcj residents of and are domiciled
20
in the State of California.
21
22
13.
California.
Mr. Brian C. Dudley is a resident of ancj is domiciled in the State of

Mr. Brad Booth is a resident of and is domiciled in the State of
23
24
14.
California.
25
26
27
15. 16.
17.
Mr. Chris Hale is a resident of and is domiciled in the State ofCalifornia. Mr. John Jackson and his wife, Ann Frances, are residents ofand are
Mr. Dennis Clay and his wife, Stacey, a|"e residents of and are domiciled
2
COMPLAINT
domiciled in the State of California.
28
760727
in the State of California.

2
18.
19.
20.
Mr. Norman Scott Byers and his wife, Stephanie, are residents of and are
Mr. DairyICrane is a resident of and is domiciled in the State of Florida.
Defendants
3
4
domiciled in the State of California.
5
6
Defendant National Football League (th e "NFL") is an unincorporated
association, consisting of 32 separately-owned and i ndependently-operated member

clubs, with its headquarters and principal place of business located at 280 Park
gaged in interstate commerce Avenue, New York, New York 10017. The NFL is em
10
and is in the business of, among other things, operatin g the sole major professional
11
football league in the United States. The NFL reguIdrly conducts business in the
State of California.
1/1
12
fl-
.>
O
u
.2.
c
sz ><Si
13
14
21.
Defendant NFL Properties, LLC, as the successor-in-interest to National
cS
Football League Properties, Inc. ("NFL Properties") is a limited liability company
jC
u
15
'_
organized and existing under the laws of the State off Delaware with its headquarters
*ed in the State of New York. NFL Properties is engag in, among other activities, the
16
VI
17
approving of licensing and the promotion of equipment used by all the NFL teams,
NFL Properties regularly conducts business in the State of California,
22. Defendant Riddell, Inc. (d/b/a Riddell ^ports Group, Inc.) ("Riddell,
18 19
20
Inc.") is a corporation organized and existing under he laws of the State of Illinois with its principal place of business at 3670 North Milwaukee Avenue, Chicago, Illinois 60641. Riddell, Inc. is engaged in the business of designing, manufacturing,
selling and distributing football equipment, including helmets, to the NFL, and has
been the official helmet provider of the NFL since 189. Riddell, Inc. regularly
conducts business in the State of California.
21
22
23
24
25
26
23.
Defendant All American Sports Corporation (d/b/a Riddell/All
27
28
American) ("All American Sports") is a corporation organized and existing under the
laws of the State of Delaware with its principal places of business at 669 Sugar Lane,
COMPLAINT
760727
Elyria, Ohio 44035. All American Sports is engaged in the business of designing,
manufacturing, selling and distributing football equipment , including helmets, to the
NFL, and has been the official helmet provider of the^ NFL since
Sports regularly conducts business in the State of Ca ifornia.
1989. All American
24.
Defendant Riddell Sports Group, Inc. (" Riddell Sports Group") is a

of the State of Delaware with its
corporation organized and existing under the laws
principal place of business at 6255 N. State Highway^ Suite 300, Irving, Texas 76038.
Riddell Sports Group operates as a subsidiary of Easlon Bell Sports, Inc. Riddell
8
9
Sport Groups regularly conducts business in the Stat^ of California.

25. Defendant Easton-Bell Sports, Inc. is a Corporation organized and
10
11
existing under the laws of the State of Delaware with its principal place of business at
to
12
ia 7855 Haskell Avenue, Suite 200, Van Nuys, California 91406. Easton-Bell Sports,
-Q
O
(J
9to <*
C
13 14
Inc. is a parent corporation of Riddell Sports Group Easton-Bell Sports, Inc. is engaged in the business of designing, developing and! marketing branded athletic
<u
I
o
15
equipment and accessories, including marketing and licensing products under the
Riddell brand. Easton-Bell Sports, Inc. regularly conducts business in the State of
California.
16
17
18
19
26.
Defendant Easton-Bell Sports, LLC (' Easton-Bell Sports, LLC") is a
corporation organized and existing under the laws of the State of Delaware with its principal place of business at 152 West 57th Street, New York, New York 10019.
Easton-Bell Sports, LLC is the parent corporation of Easton-Bell Sports, Inc. EastonBell Sports, LLC regularly conducts business in the State of California,
27. Defendant EB Sports Corp. is a corporation organized and existing under
ace of business at 7855 Haskell
20
21
22
23
24
the laws of the State of Delaware with its principal p
25
Avenue, Van Nuys, California 91406. All of the i issiied and outstanding voting common stock of EB Sports Corp. is owned by Eastdn-Bell Sports, LLC. EB Sports Corp. regularly conducts business in the State of California. 28. Defendant RBG Holdings Corp. is a corporation organized and existing
4
26
27
28
COMPLAINT
760727
under the laws of the State of Delaware with its princ ipal place of business at 7855
Haskell Avenue, Suite 350, Van Nuys, California 91406. RBG Holdings Corp. is a
wholly-owned subsidiary of EB Sports Corp. RBG foldings Corp. regularly

conducts business in the State of California.
29.
Defendants Riddell, Inc., All American Sports, Riddell Sports Group,
6
7
Easton-Bell Sports, Inc., Easton-Bell Sports, LLC, EB Sports Corp. and RBG
Holdings Corp., shall hereinafter be referred to collectively as "Riddell" or the

"Riddell Defendants." The NFL and Riddell are collectively referred to as
"Defendants."
9
10
IV.
GENERAL ALLEGATIONS
The NFL
11
vt
12
30.
The NFL was founded as the American Professional Football
Si
e
rs jC CO
O
o
13
14
Association in 1920 and has been known as the Nati (^nal
Football League (NFL) since
<*
c c 0)
u
1922. The NFL is and was, at all times herein mentioned, engaged in the business of
15
managing, governing and promoting the game of football, setting and enforcing rules
<u
16
o
and league policies, and regulating team ownership.

31. Today, the NFL consists of 32 team members, generates over $9 billion
17
18
annually, and has tremendous influence in the poliiticls and medical research relating
to football-related injuries. According to a recent WkU Street Journal article, the NFL
19
20
spent nearly $5.5 million on lobbying firms since 2006 to address a host of issues,
including, player concussions. According to NFL Commissioner Roger Goodell, the
NFL has invested over $5 million in researching concussions alone.
21 22
23
32.
Upon information and belief, Plaintiffs sustained one or more concussive
24
25
brain injuries while playing and/or practicing during their NFL careers.
Riddell 33.
26
27
The Riddell Defendants are and were, a all times herein mentioned,
engaged in the business of designing, manufacturing, selling and distributing football equipment, including helmets, to the NFL. Since
5
28
1989 ,
Riddell's helmets have been
COMPLAINT
760727
the "official helmet of the NFL." Riddell is currently under contract with the NFL
allowing Riddell to continue as the NFL's primary helmet provider through 2014.
The NFL estimates that 75% of the helmets used in
4
trie
NFL are manufactured by
Riddell - Riddell estimates that figure is 77%.
34.
In 1997, Riddell became a part of the MTBFs project of assessing
concussions and health consequences to NFL players by analyzing and reconstructing
Ihead impacts.
35. In 2006, Riddell undertook a study appearing in Neurosurgery that was
9
10
co-authored by members of the MTBI. The study touted Riddell's "Revolution" helmet as reducing the risk of concussions in over 2, 000 high school athletes in
11
Western Pennsylvania. The study has been publicly criticized as being worthless,
I/I
12
36.
Upon information and belief, Plaintiffs wore Riddell
helmets at time
JO
o
o w
13
<to
while playing and/or practicing during their NFL careers.

The CBA
J*
c
C 
I
T3
15
16
37.
Until March 2011, NFL players were
all members of the National The
vt
Football League Players Association ("NFLPA").
NFLPA negotiates the
17
Collective Bargaining Agreement (the "CBA") settirpg forth the general minimum
contract for all players in the NFL with the National Football League Management
Council ("NFLMC").
18
19
20
38.
The CBA was in place since 1993 and ^vas amended
in 1998 and again in

.
21
2006. The CBA was originally scheduled to expire at the end of the 2012 season;
22
however, in 2008, the owners exercised their right tc| opt-out of the CBA two years
39. In 2011, the parties failed to reach an a:greement for a new CBA.
23 Searlier.
24 1
25
26
Subsequently, the NFLPA was decertified as the placers' representative for collective
bargaining.
40. Plaintiffs herein are all retirees, are not covered by the CBA, and are not
27
28
subject of or parties to any collective bargaining betiveen the NFL and the NFLPA.
6 COMPLAINT
760727
The CBA does not apply to Plaintiffs' present claims Thus, Plaintiffs' claims are not
2
preempted by federal labor law.

The Scientific Evidence On Concussion Risks
41.
Physicians and academics have exhaustively studied and reported the
dangers of concussions suffered both inside and outside of sports for well over 75
years.
1 1
7
8 9
10
42.
In 1928, the first case of "Punch Drunk' syndrome in boxers was
published in the American Association Journal by H S. Martland, which found that

cranial injuries may result in a degenerative progressive lesion or series of scars in the
1
I
brain tissue, which may eventually result in the condition known as traumatic
encephalitis.
11
a.
J3i U
">> 0
12
43.
^dicine, Vol. 246, discussed a In 1952, the New England Journal ofMt
if you receive three concussions
ops.
SJS ></
j*: c o8
C
13
14
1945 "three strike rule" for concussions in football -
ill
**
0)
u
playing football, you should retire. 44. In 1969, a report by the Royal College of Physicians of London

"E
J> o
16
17 18
19
confirmed the dangers of chronic brain damage occutnng in boxers as a result of their
careers.
os
O I
45.
In 1973, neurosurgeon R.C. Schneider first described the risks of a
disabling and sometimes deadly condition involving a second impact concussion

disapp*ear. This phenomenon was occurring before symptoms of a first concussion di
20
21
22
termed "Second-impact syndrome" in 1984 by Dr. R .L.

46.
Saunders.
In 1980, the Clinical Neurosurgery pub ished an article titled, "Football
23
24
head and neck injuries - an update," which conclude^! that: "Arbitrarily, most
physicians discourage further football participation i an athlete has suffered three
cerebral concussions. Strong consideration must be given, however, not only to the
:!l .*
s
25
26
*
?
' H,
number and severity of the concussion, but also to
any CAT scan evidence of cerebral
' Jl
27
edema, contusion, or hemorrhage. With this incredibly sensitive diagnostic tool, one
concussion, which is assorted with radiographic evidence of structural brain damage,
7
28
!
t
COMPLAINT
760727
may be enough to strongly discourage or forbid further football participation."

47. In 1982, the Canadian Medical Association Journal published an article
3
4
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
6
7
level of participation and the cumulative effect ofprevious concussions. Some

athletes will have to avoid any further participation of their sport."
8 9
48.
In 1986, the Physician and Sports Medicine Journal published an article
10
II
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
I/)
12
"a>to
C
13
14
corresponding guidelines for when players should return. Specifically, the Cantu guidelines permit an athlete to return to play after one week ofsustaining a first lowgrade concussion only if the athlete is asymptomatic, 49. In 1991, JAMA published an article titled "Concussion in sports.

<_
15
"E
?
O
16
17
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."
18
19
20
50.
In 2000, a University of North Carolina study, published in the
21
22
23
24
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 head."
51. In 2001, a report by Dr. Frederick Muel ler published in the Journal of
25
26 27
28
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
760727
i Iin permanent disability.

2 3
4
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
6
7
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.
8 9
He determined the type of brain damage he found in the players was of the same type
10
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 from CTE.
53.
11
12
e
o
x:
t/5
13
niversity of North Carolina In 2003, Dr. Kevin Guskiewicz of the Ui
14
found that having three or four concussions meant twice the risk of depression as
jc
u
JU
15
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
<U
16
O
17
18
19
("MCI") than retired NFL players who had no history of concussions. 54. In 2003, a NCAA study of 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.
20
21
22
55.
In 2008, Dr. Ann McKee ("McKee") off Boston University examined the
23
24
brain 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. McKee noted that "the easiest
25
26
way to decrease the incidence of CTE is to decrease the number of concussions."
27
McKee further noted that "there is overwhelming evidence that [CTE] is the result of
repeated sublethal brain trauma."
9 COMPLAINT
28
760727
56.
2
In 2008, Boston University School of Mbdicine's Center for the Study of
Traumatic Encephalopathy (CSTE) found signs of"severe degradation" in the brains

of ex-NFL athletes. The CSTE also found that
3
4
former NFL players between the ages
of thirty and forty-nine experienced memory loss at a rate 19 times higher than the
average population. ,
6
7
57.
In 2009, the University of Michigan's Institute for
Social Research
published a study of retired NFL players which found that retired NFL players are
8
9
10
diagnosed with Alzheimer's disease or similar medical conditions far more often than
the national population, including a rate of 19 times
aged 30 to 49.
the normal incidence for men
11
58.
The foregoing references are by no meaitis exhaustive.

Defendants Have A Duty To The Placers And The Public
12
8
O
fS
Q.
(
JC 08
13
14
59.
The NFL possesses monopoly power over American Football
and over
C <L JZ
u
the research and education of physicians, trainers, coaches and NFL players with
15
brain damage such as Plaintiffs, as well as the public at large, with regard to football injuries. Even more, the NFL overtly undertook the îuty to create and fund the MTBI to study concussions on behalf of all American Rules Football leagues and players,
As a result, the NFL owed a duty to everyone, including Plaintiffs, in the following
respects:
0)
"S
o
16
17
18
19
20 21 22
(a)
It owed a duty of reasonable care to protect Plaintiffs while
practicing or playing football during their NFL careers;

(b) It owed a duty of reasonable care to Plaintiffs to educate Plaintiffs
23
24
and other players in the NFL about concussion injury and/or CTE; (c) It owed a duty of reasonable care
to Plaintiff to educate
25
26
physicians, trainers and coaches about concussion injury and/or CTE;
(d)
It owed a duty of reasonable care to Plaintiff to have in place strict
27
return-to-play guidelines to prevent concussior^ injury and/or CTE;

(e) It owed a duty of reasonable care to Plaintiffs to promote a
10
28
COMPLAINT
760727
"whistleblower" system where teammates may bring to the attention of a
physician, trainer or coach that another player has sustained concussion injury;
(f)
(g)
It owned a duty of reasonable care to Plaintiffs to design rules and

It owed a duty of reasonable care to Plaintiffs to design rules to
adequate penalties for players who use their head or upper body to hit or tackle;
eliminate the risk of concussion during games and/or practices;
5
6
7 8 9
10
(h)
It owed a duty of reasonable care to Plaintiffs to promote research
I; into and cure for concussion injury and/or CTE; and
(i)
It owed a duty of reasonable care to State governments, local
jues sports organizations, all American Football leagues and players, and the pi public
11
at large to protect against the long-term effects of concussion injury and/or

CTE.
12
-O o
u
J2.
C
13
on
c
60.
In 1997, Riddell undertook to become a part of the MTBI's project of
14
assessing concessions and health consequences to NFL players by analyzing and

.c
u
15
reconstructing head impacts. In 2006, Riddell undercook a study appearing in Neurosurgery that was co-authored by members of the MTBI. The study touted
"5
o
16
17
18
Riddell's "Revolution" helmet as reducing the risk o\f concussions in over 2,000 high
school athletes in Western Pennsylvania. The study has been publicly criticized as being worthless.
19
20 21 22
23
61.
The NFL and Riddell knew as early as the 1920's of the potential
harmful effects on a player's brain of concussions, 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
24
long-term effects of concussions and relied on the NFL and Riddell to protect them.
Defendants' Knowledge Of Concussions Risls Threatening The Players
25
5
26
27
28
63.
For decades, Defendants have known that concussions can lead to long-
term brain injury, including headaches, dizziness, deimentia, depression, Alzheimer's

disease and death. Defendants' knowledge of the concussion risks threatening the
n COMPLAINT
760727
players is evidenced by Defendants' undertakings to study and/or fund concussion

studies.
2
-\
64.
In addition, for over 75 years, the scientific and medical community has
produced and published medical literature in the United States and other
industrialized countries relating to and discussing the harmful effect on humans -
particularly players of American football - of repeated concessive

These publications were all available and easily accessible to
blows to the head.
7 8
all Defendants.
The NFL Ignored And Fraudulently Misrepresented

The Concussion Risks Threatening The Players
10
65.
Despite over 75 years of study and knowled;ge within the scientific and
II
12
jCI
jement role of the NFL, and the medical community, the supervisory and manag
studies funded by the NFL (as set forth more fully below) , the NFL and its designated
O
<J
a.
13
14
representatives, until more recently, have continuously and vehemently ignored any
relationship between NFL players suffering concussions while playing, the NFL
15
policies regarding tackling methodology or the NFL policies about return-to-play, and
long-term problems such as headaches, dizziness,
, depression, and/or
16
vt
17
Alzheimer's disease that many retired players have ej:xperienced. Such ignorance has
been evidenced in NFL publications, NFL sponsored so-called medical studies,
18
19 20
testimony of NFL representatives before Congress, and in the media. Indeed, not only has the NFL ignored the causal connection, the NFL has also taken an active role
in fraudulently concealing and downplaying any connection between concussions
football in the NFL and brain injury or illness.
66. In the early 1970s, the NFL became aware of publications accounting for
in
21 22
23
24
the rate and seriousness of concussion in the sport of football. At the same time, the
25
NFL became aware of the publication of a helmet standard, known as the National
26
Operating Committee on Standards for Athletic Equi pment (NOCSAE) for football
helmets, and which was intended to improve upon the safety of helmets and minimize
27
28
the risk of head injury. The NFL also learned that

12
the
NCAA and National High
COMPLAINT
760727
School Football Federations (NHSFF) had adopted a policy requiring by the
beginning of the 1978 season that all helmets used in their respective organizations
must be approved for sale and comply with the NOCSAE standard. However, the
NFL did not make or adopt a similar policy at that time
67. In 1976, the NCAA and NHSFF began to recognize that the helmet-face
iclmeted head as an offensive
mask combination was contributing to the use of the
weapon, which in turn increased the rate of concussi0ns Accordingly, the NCAA
and NHSFF initiated changes which prohibited contalct of the head in blocking and
8
9
10
tackling. While the NFL was aware of these risks and the changes made by the
NCAA and NHSFF, it failed to take similar action at that time. Instead, during the
in 1970s, 1980s, 1990s and 2000s, NFL players were be ing coached, trained and
II 12
IS)
e
a.
-C
l/>
encouraged to use all portions of their helmets to block, tackle, butt, spear, ram and/or
O
U
13
14
injure opposing players by hitting with their helmeteji heads.
These techniques were
oS c c
<u
-C
(J
condoned by the NFL and/or were not significantly cjondemned by the NFL.
15
1.
68.
It was not until 1979 that the NFL finally issued a rule that charged a
helmet. This undertaking
16
(A
penalty (though trivial) against players who are found to have used their helmets to
by the NFL, based upon its duty of care to the NFL pjlayers, however, fell far short of
n [butt, spear or ram an opponent with the crown or top of the

18
19
the important safety and injury prevention that it should have taken.
This rule came
20
several years after the 1976 rules by the NCAA and l^fHSFF were adopted and limited
the penalty only to contact with the crown or top of tie helmet, which ignored the
more prevalent practice of other helmet contact (contact other than
with the crown or
21
22
23
top of the helmet) that was causing a substantial and high rate of concussions among
NFL players.
24
25
69.
In 1994, the NFL voluntarily undertook to create and
fund the MTBI -
26
it's so-called "expert" committee - to purportedly situdy the effects of concussions on NFL players. The MTBI was chaired by Dr. Elliot
27
PJellman, a rheumatologist who
28
had no special knowledge of brain injuries or concus$ions. As explained more fully c

13
COMPLAINT
760727
below, the MTBI's NFL-funded "studies" (based on bias data collection techniques,
2
which omitted large numbers of players from its studies) regularly contradicted
established findings and did nothing but fraudulently conceal, misrepresent and
downplay clear medical evidence that on-field concussive brain injury led directly to long-term neurological problems for players.
5 6
70.
Forexample, in 2004, the MTBI published a paper in which it asserted

was no "7 to
that it found there was "no evidence of worsening injury or chronic cumulative effects
of multiple [mild traumatic brain injury] in NFL players" and that there
9
10
10-day window of increased susceptibility to sustaininig another concussion."
However, this article sends the message that it is acc^ ptable to return players to play
while still symptomatic, which contradicts literature published over the past twenty
it
|| 8
>oo c c
12 13 14
years finding that athletes should be returned to play only after one week of sustaining
the injury and only if they are asymptomatic.
71.
As a further example, in 2005, the MTE)I published an article asserting
V JC
u
JU
T3
15
that returning to play after a concussion "does not inVolve significant risk of a second
16
O
injury either in the same game or during the season.'1 However, a 2003 NCAA study
17
18
of 2,905 college football players found just the opposite : "Those who have suffered
concussions are more susceptible to further head trauma
(Emphasis added),
19
20 21
72.
On August 14, 2007, the NFL issued a jjiress release and "informational"
pamphlets to its players - misinforming and downpl^yi ng the risks of concussive

brain injuries and the subsequent damaging effects fo its players. The press release
and pamphlets stated that:
Current research with professional athleptes has not shown that having
more than one or two concussions leads
22
23
24
25
to permanent problems.... It is
important to understand that there is no magic number for how many

concussions is too many. (Emphasis
26
27
73.
ac|ded). In November 2008 (and reiterated in September 2009), NFL spokesman I.

14
28
Greg Aiello ("Aiello") (again misinforming and downplaying the risks of concussive
COMPLAINT
760727
brain injuries and subsequent effects to the players) stated to the press:
Hundreds of thousands of people have played football and other sports
3
4
without experiencing any problem of this type and there continues to be

considerable debate within the medical community on the precise long-
5
6
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 so

steadfastly 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
10
11
12
.212
8'fr IJC
J*
13
75.
Nevertheless, at a January 2010 congressional hearing, Dr. Ira Casson of
c
<U
14
the MBTI provided oral and written testimony denying the validity ofstudies finding
a causal link between concussions and long-term neurological problems.
76. It was not until June 2010 that the NFL conceded that its efforts with
jc
u
i
1_
15
16
17
18
19
20
respect to concussions and brain injury and its research by the MTBI were rife with duplicity, conflicts of interest and shocking ineptitude and it was not until this time that the NFL finally warned any player ofthe long-term risks associated with multiple concussions, including headaches, dizziness, dementia, depression, Alzheimer's
disease, CTE and its related symptoms, and death.
21
22
23
Riddell Abetted The NFL And Misrepresented The Concussion Risks

Threatening The Players
24
77.
Riddell manufactures helmets for use by NFL players. Since 1989, the
25
26 27 28
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
760727
The NFL estimates that 75% of the helmets used in the NFL are manufactured by
2
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
5
6
the NFL, it did nothing to prevent the NFL's misrepresentations and concealment
described in preceding paragraphs.
7 8
79.
Indeed, Riddell actively abetted the work of the NFL's MTBI. In 1997,
Riddell became a part of the MTBI's project of assessing concessions and health
9
10
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 study touted Riddell's "Revolution" helmet as reducing
the risk of concussions in over 2,000 high school athl etes in Western Pennsylvania,
II
12
.0
O 'a.
u
jC
08
c
13 14
The study has been publicly criticized as providing piayers with a mistaken sense of
security and being worthless.
J* c
cu
x:
15
80.
Riddell failed to warn active players of the risk of concussive brain
"E
JO
o
16
17
injuries and the subsequent damaging effects until approximately the same time as the
NFL.
18
Defendants' Conduct Rises Beyond Mere Negligence
19 20
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
21
22 23
24
reckless disregard 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,
25 26
27
28
consciously, willfully, and deliberately disregarded the safety of others in continually

undertaking to establish and promulgate rules for the NFL, but failing to address or
16
COMPLAINT
760727
disclose this substantial risk, as immediately aforesaid , in connection with such rules,
and/or continuing to manufacture, sell, and distribute football helmets which they knew would not protect,players against this risk. 83. Why NFL policy changes, accurate inforination sharing and warnings of
3
4
the long-term risks associated with multiple concussions were not recommended by the NFL's so called "expert" committee soon after it& creation in 1994, or even earlier
by the NFL and/or its "official helmet" manufacturer}, or why it took the NFL 16 years
to even admit that there was a problem is difficult to comprehend.
Equitable Tolling
10
84.
The applicable statute of limitations is foiled because Defendants'
II
fraudulent concealment of the dangers and adverse e fects of head injuries and
12
.212
etiJZ >co
concussions made it impossible for Plaintiffs to leam of the hazards to their health,
85. Plaintiffs did not become reasonably aware of the dangerous nature of or
srsc
c
13
14
15
the adverse side effects associated with their head in uries and concussions prior to
JC
JB
I
o
June 2010 when Defendants finally warned any player of the long-term risks
16
vt
associated with multiple concussions, including headaches, dizziness, dementia,
17
depression, Alzheimer's disease, CTE and its related symptoms, and death. The
accrual of a complete cause of action relating to the Cognizable physical manifestation of the injury did not exist until that time.
86. Defendants were under a continuing duty to disclose the true nature of
18
19
20
21 22
23
the head injuries and concussions received by Plaintiffs

87. Defendants, in the court of their businesses , concealed and omitted
material key facts about the dangers and adverse effects of head injuries and
concussions received by Plaintiffs, which prevented Plaintiffs from discovering a link between their on-field head injuries and concussions and their long-term physical and
mental health. Because of Defendants' concealment and omission, Defendants are
24
25
26 27
28
estopped from relying on any statute of limitation defense

Johnnie Morton
17
COMPLAINT
760727
88.
Plaintiff Johnnie Morton was born on
October 7, 1971, in Inglewood,
2 3
California. He currently lives in Los Angeles, Cali fornia.

89. Plaintiff Johnnie Morton was drafted in the First Round of the NFL
Draft, and played for the Detroit Lions from 1994 through2001. Following the 2001
5 6
season, Johnnie Morton joined the Kansas City Chiefs through 2004. In 2005, he
played for the San Francisco 49ers.
90.
PlaintiffJohnnie Morton suffered multir)! e
concussions that were
8
9 10
improperly diagnosed and improperly treated througlhout his career as a professional

football player in the NFL.
91. Plaintiff Johnnie Morton was not warned by the NFL, NFL Properties,
11
i Inc. or Riddell Defendants of the risk of long-term in|ury due
to football-related
12
S
O
concussions or that the league-mandated equipment did not protect him from such
'5. 13
injury. This was a substantial factor in causing his current injury.

92. Plaintiff Johnnie Morton suffers from
14
multiple past traumatic brain
I
O
15
16
injuries affecting multiple areas of his brain and includes but is not limited to the i
following symptoms: headaches, memory loss, dizziness and depression.
Kez McCorvey
17
18
93.
Plaintiff Kez McCorvey was born on Jahuary 23, 1972inGautier,
19
Mississippi. He currently lives in Tallahassee, Florida, with his wife and four
children.
20
21
94.
Plaintiff Kez McCorvey was drafted in tjhe Fifth Round,

1998
and played as a
22
23
24
Receiver for the Detroit Lions from 1995 through

with the Carolina Panthers.
In 1999, he attended camp
95.
PlaintiffKez McCorvey suffered multip|l e
concussions that were
25
26
27
improperly diagnosed and improperly treated througltôut hiscareer as a professional football player in the NFL.
96.
Plaintiff Kez McCorvey was not warned by the NFL, NFL Properties,
28
Inc. or Riddell Defendants of the risk of long-term injury due to football-related

18 COMPLAINT
760727
97.
Plaintiff Kez McCorvey suffers from mji Itiple past traumatic brain
includes but is not limited to the injuries affecting multiple areas of his brain and i
following symptoms: headaches, memory loss, blurred vision, tingling in the neck,
ringing in the ears, dizziness and depression.

Kurt Barber
8 9
10
98.
Plaintiff Kurt Barber was born on January 5, 1969, in Kentucky. He
j
i
*
i
currently lives in Campbellsville, Kentucky.

99. Plaintiff Barber played for the New York Jets from 1992 through 1995.
.
a.
t -i
11
Beginning in 1997, he attended camp with the Denver., Broncos, was released from
the Broncos and finished camp with the Chicago
Bears
1/1
12
13 14
Xi
2
a.
rt jC
'C/l
'
'
100. Plaintiff Kurt Barber suffered multiple cponcussions that were improperly
!
I
-*
c
oS
C <u
u
diagnosed and improperly treated throughout his career as a professional football

player in the NFL.
101. Plaintiff Kurt Barber was not warned bV the NFL, NFL Properties, Inc.
i
o
3
T3
15 16
17
or Riddell Defendants of the risk of long-term injury due to football-related concussions or that the league-mandated equipment îd not protect him from such
18
|
i
19 20
injury. This was a substantial factor in causing his current injury,

102. Plaintiff Kurt Barber suffers from multible past traumatic brain injuries
21
22
23
affecting multiple areas of his brain and includes but is not limited to the following symptoms: short -term memory loss and depression.
Mike Sherrard
i
i
24
103. Plaintiff Mike Sherrard was born on June 21,1963, in Oakland,
3
i !
i
<
:*
*
-v
25
California. He currently lives in Calabasas, California
26
27
104. Plaintiff Mike Sherrard played for the Dallas Cowboys beginning in
1986, where he played until 1989. Beginning in 1989 through the 1992 season, Mike
28
Sherrard played for the San Francisco 49ers. In 199j} , Sherrard moved to the New
19 COMPLAINT
760727
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 multipl^ concussions that were

improperly diagnosed and improperly treated througljio ut his career as a professional
106. Plaintiff Mike Sherrard 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 dad not protect him from such
injury. This was a substantial factor in causing his ciirrent injury.

Stockar McDougl
10
11
107. Plaintiff Stockar McDougle was born
on
January 11, 1977, in Fort
12
O
(J
Lauderdale, Florida. He currently lives in Parkland,
Florida.
9CO c
13
14
108. Plaintiff Stockar McDougle played for he Detroit Lions from 2000 to
2004, the Miami Dolphins in 2005 and the Jacksonvi lie Jaguars in 2006 through
2008.

109. Plaintiff Stockar McDougle suffered mik Itiple concussions that were
improperly diagnosed and improperly treated through out his career as a professional
110. Plaintiff Stockar McDougle was not walrned by the NFL, NFL
17
18
19
20
21
Properties, Inc. or Riddell Defendants of the risk of iong-term injury due to footballrelated concussions or that the league-mandated equjpment did not protect him from
such injury. This was a substantial factor in causing his current injury,
111. Plaintiff Stockar McDougle suffers
from
22
23
24
25
injuries affecting multiple areas of his brain and incliides but is not limited to the VM following symptoms: headaches, memory loss, ringi g in the ears, double and blurred
vision, light sensitivity, sleeplessness and early on set dementia.
Toi Cook
26 27
28
112. Plaintiff Toi Cook was born on December 3, 1964, in Chicago, Illinois.
20
COMPLAINT
760727
He currently lives in Westlake Village, California.

113. Plaintiff Toi Cook played for the New Qrleans Saints from 1987 through
1993. Thereafter, he played for the San Francisco 49ers,, from 1994 to 1995. During
the 1996 and 1997 seasons, Toi Cook played for the Carolina Panthers, 114. Plaintiff Toi Cook suffered multiple concussions that were improperly
5
6

player in the NFL.
115. Plaintiff Toi Cook was not warned by
the
7 8
NFL, NFL Properties, Inc. or
9
10
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
116. Plaintiff Toi Cook suffers from multiple past traumatic brain injuries
II
12
2
O
U
a.
1
08
C
13
14
affecting multiple areas of his brain and includes but is not limited to the following
symptoms: sleeplessness.
Brian C. Dudley

117.
Plaintiff Brian C. Dudley was born on
ûgust 30, 1960, in Los Angeles,
17
18
rnia. California. He currently lives in Los Angeles, California
118. Plaintiff Brian C. Dudley played for the Cleveland, Browns during the
1987 season.
19
20
119. Plaintiff Brian C. Dudley suffered multiple concussions that were
21
improperly diagnosed and improperly treated througlJ(iout his career as a professional

22
23
120. PlaintiffBrian C. Dudley was not warnefd by the NFL, NFL Properties,
Inc. or Riddell Defendants of the risk of long-term injury due to
concussions or that the league-mandated equipment
did
24 25
26
football-related
not protect him from such
injury. This was a substantial factor in causing his current injury, 121. Plaintiff Brian C. Dudley suffers from njiultiple past traumatic brain
27
28
injuries affecting multiple areas of his brain and includes but is not limited to the
21
COMPLAINT
760727
following symptoms: short-term memory loss, headaphes, blurred vision and sleepdeprived anxiety.
Brad Booth
2 3
4
iele|s , California, 122. Plaintiff Brad Booth lives in Los Ang

lers 123. Plaintiff Brad Booth played for the Oil from
1987 to 1988.
124. Plaintiff Brad Booth suffered multiple concussions that were improperly

player in the NFL.
125. Plaintiff Brad Booth was not warned by the NFL, NFL Properties, Inc. or
8
9
10
Riddell Defendants of the risk of long-term injury
due to football-related concussions
11
or that the league-mandated equipment did not protect him from such injury. This
was a substantial factor in causing his current injury.
126.
12
Si o
o
^
jC
9"
13
14
iltiple Plaintiff Brad Booth suffers from mu
past traumatic brain injuries
e8
c u. C 
<
p
O
15
16
17
!8
127. Plaintiff Chris Hale was born on January 4, 1966, in Monrovia,
California. He currently lives in West Covina, Cali folrnia.
19
128. PlaintiffChris Hale played for the Buffalo Bills from 1989 through 1992.
129. Plaintiff Chris Hale suffered multiple concussions that were improperly
20
21

player in the NFL.
130. Plaintiff Chris Hale was not warned by he NFL, NFL Properties, Inc. or
22
23
24
Riddell Defendants of the risk of long-term injury due to football-related concussions
25
orthat the league-mandated equipment did not protect him from such injury. This
was a substantial factor in causing his current injury.
131. Plaintiff Chris Hale suffers from multip e past traumatic brain injuries
26
27 28
22
COMPLAINT
760727
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

9
10
135. Plaintiff John Jackson was not warned by the NFL, NFL Properties, Inc.
11
or Riddell Defendants of the risk of long-term injury due to football-related
12
13
Si

136. Plaintiff John Jackson suffers from multiple past traumatic brain injuries
14
I
o
15
symptoms: short-term memory loss and anxiety.
Dennis Clay
16
<J X
17
18
137. PlaintiffDennis Clay was born on February 5, 1960, in Los Angeles,

California. He currently lives in Cerritos, California, with his wife, Stacey.
19
20
138. PlaintiffDennis Clay attended camp with the Dallas Cowboys in the
1983 pre-season.
21
22
139. During camp, Plaintiff Dennis Clay suffered at least one concussion that
was improperly diagnosed and improperly treated.
23
24
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
25
26
27
28
141. Plaintiff Dennis Clay suffers from multiple past traumatic brain injuries
23
COMPLAINT
760727
affecting multiple areas of his brain and includes but is not limited to the following symptoms: headaches, blurred vision, short-term memory loss and anxiety.
Norman Scott Byeris
142. Plaintiff Norman Scott Byers was born pn July 3, 1968, in Bayonne,
New Jersey. He currently lives in Los Angeles, Cali brnia, with his wife, Stephanie,
143. Plaintiff Norman Scott Byers played for the San Diego Chargers from
1982 through 1984. 144. Plaintiff Norman Scott Byers suffered multiple concussions that were
8
9
improperly diagnosed and improperly treated througihout his career as a professional

145. Plaintiff Norman Scott Byers was not warned by the NFL, NFL
10
11
12
.a
Properties, Inc. or Riddell Defendants of the risk of l^>ng-term injury due to footballrelated concussions or that the league-mandated equipment did not protect him from
o
o
13
J*
c
c
14
such injury. This was a substantial factor in causing his current injury.
146. Plaintiff Norman Scott Byers suffers
from
0)
U
15
P
0)
16
o
injuries affecting multiple areas of his brain and includes but is not limited to the
following symptoms: headaches, short-term memory loss and anxiety.
Darryl Crane
17
18
19
20
147. Plaintiff Darryl Crane was born on October 24,1960, in Jacksonville,
Florida. He currently lives in Orlando, Florida. 148. Plaintiff Darryl Crane played for the Pitfsburgh Steelers in the 1983 preseason and the 1987 season.
21
22
23
149. Plaintiff Darryl Crane suffered multiple concussions that were
24
improperly diagnosed and improperly treated throughout his career as a professional

25
26
150. Plaintiff Darryl Crane was not warned by the NFL, NFL Properties, Inc. or Riddell Defendants of the risk of long-term injury
due to football-related
27
28
24 COMPLAINT
760727
injury. This was a substantial factor incausing his current injury.

2
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
5
6
deprivation, depression, chronic fatigue, dizziness, memory loss, sudden confusion,

blurred vision, diminished hearing, severe joint pain, numbness and stiffness, and loss
of taste sensory.
FIRST CAUSE OF ACTION
NEGLIGENCE
10
(As Against The NF1 d.
It
152. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set

forth herein at length.
v\
12
CL
St
Q
<J
rt sz
13
14
oo
J c
u.
<*
c
153. By managing, governing and promoting the game of football, 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, the NFL assumed a gratuitous independent tort duty to protect the
0)
jC
15
I
D
u
15
16
17
18
health and safety of its players, including Plaintiffs, including, but not limited to, a
19
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
20
21
22
brain injuries and the subsequent damaging effects to its players, a duty to inform and
warn its players of such risks, and a duty to take other reasonable action to minimize
such risks to its players.
23 24
154. The NFL breached its duty to its players, including Plaintiffs, to use
25
26
ordinary care to protect the health and safety of its players by failing to enact rules,
policies and regulations to best protect its players, including, but not limited to,
27
mandatory rules that would prevent a player who suffered a concussive brain injury
from returning to play or practice at risk of further injury.
25
COMPLAINT
28
760727
2
3
4
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 a concussive brain injury, which were false and misleading,
and which failed to apprise Plaintiffs ofthe risks ofconcussive brain injuries and the
subsequent damaging effects.
6 7
8 9
10
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.
11
ft
12
Ol
rt JZ
157. The NFL breached its duty to its players;, including Plaintiffs, to use
Si
o
u
n
13 14
J*
c*
c
ID SI
u
4
O
15
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.
16 X
17
18
19
20 21 22
23
ordinary care to protect the health and safety ofits 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 the health and safety of its pi ayers by failing to ensure
accurate diagnosis and recording of concussive brain injury be taken of its players so
conditions may be treated in an adequate and timely manner. 160. The NFL breached its duty to its players, including Plaintiffs, to use
24
25
26
27
28
ordinary care to protect the health and safety of its p; ayers by failing to regulate and monitor practices, games, equipment, and medical care so as to minimize the longterm risks associated with concussive brain injuries suffered by its players, including
26
COMPLAINT
760727
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 license and 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
jQ
2
rt
12 care in researching, studying and/or examining the risks of head injuries and/or
O
u
jr
CO C c <u
x:
13 concussions in professional football and in downplaying (and in many cases, denying)

14 both the seriousness of such injuries and the clear causal connection between
15 16
I
o
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 risk of concussive brain
injuries and the subsequent damaging effects. 165. The NFL breached its duty to its players, including Plaintiffs, to use
18
19 20
21
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.
22 23
24 25
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. 167. The NFL breached its duty to its players, including Plaintiffs, to use
26
27
28
ordinarycare to protect the health and safety of its players by failing to prevent its
27
COMPLAINT
760727
players, including Plaintiffs, from being coached, trained and encouraged to use all
portions of their helmets to block, tackle, butt, spear, ram and/or injure opposing players by hitting with their helmeted heads.
168. The NFL breached its duty to its players including Plaintiffs, to use
ordinary care to protect the health and safety of its play ers by condoning or failing to
significantly condemn its players, including Plaintiff^ , from using of all portions of
their helmets to block, tackle, butt, spear, ram and/or injure opposing players by
hitting with their helmeted heads.
169. The NFL breached its duty to its players , including Plaintiffs, to use
ordinary care to protect the health and safety of its players by subjecting players,
including Plaintiffs, to an increased risk ofconcussive brain injury,

_l
<A
XI
o
c
12
170. Plaintiffs relied on the NFL's mi srepres^ntations (including
affirmative
u j= </>
9C
13 14
misrepresentations and omissions) detailed herein to their detriment,

171. Had the NFL taken the necessary steps to oversee and protect its players,
.* c
U.......
c8
<j
<1>
41
a
<.
15
including Plaintiffs, by developing and implementin necessary guidelines, policies

and procedures and properly informing, educating and training all persons involved
with the NFL in the recognition, prevention and treatment of concussive brain
i o
16
17
(D X
18
19 20
injuries, then the NFL players, including Plaintiffs, would not have suffered from the
subject condition, would have recovered from the SUl3>ject condition, and/or would not
have suffered the subsequent damaging effects of dii subject condition,

172. Under all of the above circumstances, it was foreseeable that the NFL's
21 22
23
breach of its duties would cause or substantially contribute to the injuries suffered by
Plaintiffs.
24
0
\
173.
The NFL's omissions and commissions collectively and severally,
25
26
constituted negligence.
vl
174. The NFL's negligence was a proximate and producing cause of the
<l
27
28
injuries suffered by Plaintiffs.

175. As a result of Plaintiffs' injuries, they are entitled to damages, as alleged
28 COMPLAINT
760727
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
5 6
7
(As Against The NFL)
176. Plaintiffs incorporate by reference the foregoing paragraphs as if fully set

8 9
10
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
II
12
J3 8
o
CL
nl
_rt
J* c
JZ 'CO
c
13 14
not at an increased risk of head injury if they returned to play or practice too soon
after suffering a head injury.

15
178. The material misrepresentations were made by agents of the NFL on
"E
o
16 multiple occasions, including, but not limited to MTBI publications, the August 14,
17
18
2007 press release and "informational" pamphlets issued to NFL players, and the
November 2008 press statement made by NFL spokesman Aiello.
19
20 21
179. The persons who made the misrepresentations were agents of the NFL
and knew they were false when they were made.
180. The persons who made the misrepresentations, as agents of the NFL,
22 23 24
25
intended to defraud, among others, Plaintiffs in this action and 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, that Plaintiffs would rely on the
26
27
28
NFL's misrepresentations.
29 COMPLAINT
760727
183. Plaintiffs, among others, were damaged by these misrepresentations. Among other things, they require increased home costs and pain and suffering.
184. As a result of Plaintiffs' injuries, they
are
care
, loss of employment, medical
3
4
entitled to damages, as alleged
5
6
herein or allowed by law, from the NFL in an amount to be reasonably anticipated to

exceed the jurisdictional minimum of $25,000.
THIRD CAUSE OF ACTION
FRAUDULENT CONCEALMENT
8
9
10
(Against the NFL)
185. Plaintiffs incorporate by reference the foregoing paragraphs as if set fully
11
12
Si
herein at length.
186. The NFL and its MTBI concealed from Plaintiffs the risk of concussive
8
5.
JC
to
O
<J
13
brain injuries and the risk to Plaintiffs if they returned to play or practice too soon
after suffering from a head injury.
187. In particular, the NFL and its MBTI,
throu gh
J* c
08
c
14
1
_c
I I
o
VI
15
public statements,
16 [published articles, testimony at congressional hearinm s, and the August 14, 2007
17 ["informational" pamphlet (which was issued directly to NFL players), concealed and
ive 18 misrepresented the known long-term risks of concussive brain injuries to NFL 19 players, including Plaintiffs.
20 188. The NFL and its MBTI failed to disclose the clear link between
concealed this information from
O X
2t concussions and long-term neurological injuries and
22 its players, including Plaintiffs, with an intent to defijaud Plaintiffs and prevent
23 negative publicity and increased scrutiny of its medi<tal practices,
24 189. The NFL, in managing, governing and promoting the game of football,
re
25 setting and enforcing rules and league policies, and
gulating team ownership, had
26 the duty to disclose the risks faced by its players, inc uding Plaintiffs, relating to
27 [concussive brain injuries received by them during their NFL careers. 28 [ 190. NFL players, including Plaintiffs, relied on the NFL's and the MBTI's
30
COMPLAINT
760727
public statements, published articles, testimony at congressional hearings and/or at least the August 14, 2007 "informational" pamphlet, which was issued directly to all NFL players. Plaintiffs were unaware ofthe true risks of the concussive brain injuries
they sustained during their NFL careers.
5
6
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
7
8
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."
10
11
192. As a direct and proximate result of the NFL's fraudulent conduct,
12
.2 e
o
u
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
>co
1
C
13
14
<8
c
sz
153
15 16
NEGLIGENT MISREPRESENTATION
(Against the NFL)
V)
17
193. Plaintiffs incorporate by reference the foregoing paragraphs as if setfully

herein at length.
18
19
194. The NFL misrepresented the dangers of concussive brain inj uries
20
21
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.
22
23
24
25
195. The NFL's material misrepresentations include, but are not limited to:
26
(a)
MBTI articles asserting that returning to play aftera concussion
27
28
"does not involve significant risk of a second injury either in the same game or
during the season"; and
31
COMPLAINT
760727
(b)
The NFL's press release and issuance of the August 14, 2007
pamphlet to NFL 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
3
4
5 6
7
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.
9
10
197. The NFL made these misrepresentations and actively concealed contrary
information with the intent that its players, including Plaintiffs, would rely on the
11
misrepresentations or omissions in selecting their course of action (i.e. returning to
JS|2
12
play or practice 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.
Silrt;JZ
>co
13
14
c
c e
6)
St
u
^
v>
15 16
198. Plaintiffs did not know, nor should Plaintiffs have known, that the NFL's
statements were false or misleading.
17
18
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,
19
20
Plaintiffs have suffered injury, including, but not limited to, short-term memory loss,
21 [headaches, blurred vision, sleep deprived anxiety and economic loss.

22
23
FIFTH CAUSE OF ACTION
STRICT LIABILITY FOR DESIGN DEFECT

(As Against Riddell)
24
25
201. Plaintiffs incorporate by reference the foregoing paragraphs as if set

26 27
28
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
760727
since 1989.
203. At the time the helmets were designed, manufactured, sold and
3 distributed by Riddell, the helmets were defective in design, unreasonably dangerous,

4 and unsafe for their intended purpose because they
did
not provide adequate
5 [protection against the foreseeable risk ofconcussive brain injury.

6 includes, but is not limited to, the following:
The design defect
7 8
9
(a)
Negligently failing to design the Subject helmet with a safe means
of attenuating and absorbing the foreseeable forces of impact in order to

minimize and/or reduce the forces and energy directed to the player's head;
10
(b)
Negligently designing the subject helmet with a shock attenuating
11
Si
system which was not safely configured for all portions of the helmets
reasonably foreseen to be used by players;
8
x:
co
12
o
u
13
14
(c)
model;
Negligently failing to properly and adequately test the helmet
o5
c
C
0)
.c
u
I
V
V)
is
16
17
18
(d)
Negligently failing to warn playe1"S , including Plaintiffs, that their
"D
1_
helmets would not protect against the long tenn health consequences of
concussive brain injury resulting from reason ably
by players; and
foreseen uses of the helmets
19
20
(e)
Other acts of negligence that may be discovered during the course
of this matter.
21
204. At all times, the helmets were used for the purpose for which they were
22 intended. All portions of the helmets were used by flayers, including Plaintiffs, to
23 block, tackle, butt, spear, ram and/or injure opposing players by hitting with their
24 helmeted heads. Such use was reasonably foreseeab 25
e to Riddell.
205. Riddell is strictly liable for designing a defective and unreasonably
including Plaintiffs, of the 26 dangerous product and for failing to warn players, i
27 defective design and unreasonably dangerous 28
condition of the helmets,
206. The defective design and unreasonably dangerous condition of the

33
COMPLAINT
760727
helmets and Riddell's failure to warn were proximate and substantial causes of Plaintiffs' injuries and other damages, including, but not limited to, economic and
non-economic damages.
2
3 4
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 of Plaintiffs' injuries, Plainti
Riddell in an amount reasonably anticipated to exceep the jurisdiction minimum of

$25,000.
SIXTH CAUSE OF ACTION
NEGLIGENCE
8
9
10
11
(As Against Riddell)
I/I
12
a.
a

Si
o
o
.
si CO
13
14
<8
c
c
<D
_c
I
1_
15
16
since 1989. In 1997, Riddell became a part of the NFL's MTBI project of assessing
JO
/>
17
concussions and health consequences to NFL players by analyzing and reconstructing
18
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"
19
20 21 22
helmet as reducing the risk of concussions in over 2,000 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.
23
24 25 26
27
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
28
760727
while playing football and while wearing Riddell's helmets

213. As a result of Riddell's breach of duty,
plaintiffs have suffered injuries,
including, but not limited to, short-term memory loss , headaches, blurred vision, sleep
deprived anxiety and economic loss.
214. As a result of Plaintiffs' injuries, Plaintiffs are entitled to damages from
6
7 8
Riddell in an amount reasonably anticipated to exceed the jurisdictional minimum of

$25,000.
SEVENTH CAUSE OF AUCTION
FAILURE TO WAFIN
9 10
(As Against Riddel )
11

12
Si
o
u
a.
JC 10 <* c
C 
v>
16
O
217. At the time the helmets were designed, manufactured, sold and
7 idistributed by Riddell, Riddell knew or should have known of the substantial dangers
18 involved in the reasonably foreseeable uses of the helmets.
19 218. The risks involved in the reasonably foreseeable uses of the helmets
20 presented a substantial danger to users of the helmetk, including Plaintiffs.
21
23
219. Ordinary consumers, including Plaintiffs, would not have recognized or

the helmets.
22 known the potential risks and dangers involved in the reasonably foreseeable uses of
24
:S
220. Riddell knew that these substantial danger:s were not readily recognizable
25 to ordinary consumers, including Plaintiffs, and that such persons, including

26 Plaintiffs, would use the helmets without inspection for defects.
27
221. Riddell failed to adequately warn (and ijnstruct) users ofthe helmets, i
28 including Plaintiffs, of the risks involved in the reason ably foreseeable uses of the
35
COMPLAINT
760727
helmets.
222. At all times, the helmets were used for
the
purpose for which they were
3
4
intended. All portions of the helmets were used by player:s, including Plaintiffs, to
block, tackle, butt, spear, ram and/or injure opposing players by hitting with their
helmeted heads. Such use was reasonably foreseeable
223.
to Riddell.
in As a result of the lack of sufficient warn ings and/or
5
6
instructions,
Plaintiffs suffered injuries and damages, including, but not limited to, economic and
non-economic damages.
instructions was a substantial 224. The lack of sufficient warnings and/or i
9 10
II
factor in causing Plaintiffs' injuries and other damag;es.

225. As a result of Plaintiffs' injuries and
dajnages, Plaintiffs are entitled to
12
Si
damages from Riddell in an amount reasonably antidipated to exceed the jurisdiction

minimum of $25,000.
EIGHTH CAUSE OF ACTION
NEGLIGENCE
o
u
a.
13
o8
/l
c
C <u
sz
u
14
<u
15
16
(As Against NFL Properties)

J3
17 18
19
227. NFL Properties is engaged in, among other activities, the approving of
20 21
22
licensing and the promotion of equipment used by all NFL teams and NFL players,
including Plaintiffs. As such, NFL Properties has a ûty to ensure that the equipment
it licensed and approved were of the highest possible: quality and were sufficient to
23
24
protect the NFL players, including Plaintiffs, from

concussive brain injuries.
the risks associated with
'.i
25
26
ing icensin Riddell's helmets and 228. f :i;L Properties breached its duty by li
approving and/or requiring the use of Riddell's helrhets by the NFL players, including
Plaintiffs, while knowing, or having reason to know,
that the helmets were
27
28
negligently and defectively designed and/or manufactured

36
COMPLAINT
760727
229. As a result of these breaches by NFL Properties, Plaintiffs suffer injuries

2
and the effects of concussive brain injuries, including, but not limited to, short-term
3
4
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.
6 7
NINTH CAUSE OF ACTION

LOSS OF CONSORT] UM
8
9 10
11
(As Against All Defendants)
231. Plaintiffs incorporate by reference the foregoing paragraphs as ifset

12
jQ
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
O
U
a
a.
a
13
14
</i J* c
a
c <u sz
(J
McDougle, Kristine Cook, Ann Frances Jackson, Stacey Clay and Stephanie Byers
ed (collectively the "Wife Plaintiffs") have been damage as follows:
<u
15
o
<D
VI
16
o
(a)
They have been and will continue to be deprived of the services,

They have been and will continue to be required to spend money for
(J X
17
assistance, protection, affection, society and companionship of their husbands;

(b)
18
19
20
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
21
husbands.
22
23
233. As a result of their husbands' 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
24
25
26 27
28
WHERCFORE, Plaintiffs pray forjudgment against Defendants, and each of

them, as follows:
1.
For compensatory and general damages according to proof;

37
COMPLAINT
760727
2. 3.
For special and incidental damages according to proof; For punitive damages where applicable;
4.
5.
For costs ofthe proceedings herein, including reasonable attorneys' fees,

For all such other and further relief as the
JURY DEMAND
to the extent permitted by law; and Court deems just,
Plaintiffs tiereby demand a trial by jury on all ilaims so triable.
DATED: May ^L, 2012

10
GLASER WEI FINK JACOBS HOWARD AVCHEN & SHAPIRO llp
11
a.
-j
By:
12 13
-j
FRED D. HEATHER TiEI
_r_LMAtmMl
jQ
1.
Gi
rt
ADAM LEBERTHON
sz </ .* c
a.
.
<*
C
MARY ANN T. NGUYEN

14
Attorneys for Plaintiffs

15 16
17

(V
(S3
(D I
18 19
20
21 22 23 24
:8
*\
25
j
!'
76
'
27
28 38 COMPLAINT
760727
ORIGINAL,
ATTORNEY OR PARTY WITHOUT ATTORNEY (,, f Bat number, and address):
FOR COURT use ONLY
"Mary Ann T. Nguyen {SBN 269099)

GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP 10250 CONSTELLATION BOULEVARD, 1STH FLOOR LOS ANGELES, CALIFORNIA 90067
TELEPHONE NO.: FAXNO.: 310-556-2920 attorney for M~n*>- PLAINTIFFS JOHNNIE MORTON. ET AL . SUPERIOR COURT OFCALIFORNIA, COUNTY OFLOS ANGELES
street address: 111 NORTH HILL STREET
MAILING ADDRESS:
Superior Court of California
FILED
County of Los Angeles
CITY AND ZIP CODE: LOS ANGELES
90012
BRANCH NAME: CENTRAL
MAY 21 2012 John A. Cjarlje, Executive Officer/Clerk

ET AL.
CASE NUMBER:
CASE NAME:
MORTON,
ET AL. V. NFL,
CIVIL CASE COVER SHEET
Complex Case Designation
fxl Unlimited
(Amount
demanded
Limited
(Amount
deman '<.
[""""I Counter
CD Joinder
JUDGE:
DEPT:
BC465131
exceeds $25,000)
$25,000
Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402)
that best describes this case:
Contract
"-5below must be completed (see instructions on page 2)

1. Check one box below for the ca
Auto Tort
Provisionally Complex Civil Litigation

(Cil., Rules of Court, rules 3.400-3.403)
HAuto (22) Uninsured motorist (46) Other PI/PD/WD (Personal Injury/;1* jporly Damage/Wrongful Death! Tort
I I
I
)Breach ofcontract/warranty (06) IRule 3.740 collections(09)

[ Insurance coverage (18)
I , IOther collections (09)
I
[ I
1Asbestos (04)
1Medical malpractice (45) IOther PI/PD/WD (23)
l~~l Other contract (37)

Real Property
fie"] Product liability (24}
I Eminent domain/Inverse
condemnation (14)
CD CD en CD CD
Antitrust/Trade regulation (03)

Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30)
Insurance coverage claims arising from the

above listed provisionally complex case types (41)
Non-PI/PD/WO (Other) Tort
I I
1
IBusinesstort/unfair business practice (07) ICivil rights (08)

I Defamation (13)
| Wrongful eviction (33) I ~1 Other real property (26)

I | Commercial (31)
Enforcement of Judgment
Enforcement of judgment (20)
Miscellaneous Civil Complaint
Unlawful Detainer
I
i I I
I
IFraud (16)
IIntellectual property (19)
] Professional negligence (25)
f~l Residential (32) I IDrugs (38)

Judicial Review
CD RICO (27) CD Other complaint (not specified above) (42)

Miscellaneous Civil Petition
IOthernon-PI/PD/WD tort(35)
| Wrongful termination (36)
| Asset forfeiture (05)
Employment
| Petition re: arbitration award(11)
CD Partnership and corporate governance (21) CD Other petition (notspecirwdabove) (43)
j
[
| Writ of mandate (02)

[ Other judicial review(39)
I , IOther employment (15)
This case
I is
[ID is not complex underrule 3.400 ofthe California Rules of Court. If the case is complex, mark the
d. I I Large number of witnesses
factors requiring exceptional judicial management:
a. I I Large number of separately represented parties
b. I
I Extensive motion practice raising difficult ornovel e. I issues that will be time-consuming to resolve
I Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court
c. I
I Substantial amount of cocumentaryevidence
3. Remedies sought (check ail that apt

4. Number of causes of action (spec :?y
a. QD monetary b. CD nonmonetary; declaratory or injunctive relief c. QT] punitive

^se form CM-015)
yffjWTYOp ATTORNEYEQBJgAffITY)
f. I_ ISubstantial postjufoIgment judicial supervision
5. Thiscase CD is
Date:
CD is r,o
a class action suit.
6. If there are any known related c
~ file and serve a notice of related case. (You ma.
Mary Ann T. Nguyen (SBN 269099)

(TYPE OR PRINT NAME)
NOTICE
(SIGNATURE Ol
Plaintiff must file this cov -i s,nt
under the Probate Code, < -"n"/ r , or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
, the first paper filed in the action orproceeding (except small claims cases or cases filed
cover sheet required by local court rule.
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 Use
Judicial Council of California
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 be used for statistical purposes only.
CIVIL CASE COVER SHEET
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
CM-010[Rv. July 1. 2007)
sx
ORIGINAL
SHORT TITLE:
CASE NUMBER
MORTON, ET AL. V. NfL, ET AL.
RH485131
STATEMENT OF LOCATION
CIVIL CASE COVER SHEET ADDENDUM AND
(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
for this case:
JURY TRIAL? Sj YES CLASS ACTION? D YES LIMITED CASE? CIYES TIME ESTIMATED 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):
il Step 1: After first ccmpleiin s) Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your Sheet case type you selected. case in the left margin beio /. nd, to the right in Column A, the Civil Case Cover
Step 2: Check one Superior Court type ofaction inColumn B below which best describes the nature of this case.
Step 3: In Column C, circle she reason for the courtlocation choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.
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*
-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
4. Location where bodily \rvurj, <'

5. Location where perfarn
3. Location where cause ot aaicn s
Step 4: Fill in the infer
iuested on page 4 in Item III; complete Item IV. Sign the declaration.
Civil Case Cover Sr.
: Applicable Reasons :-
Caiegc>y No
Auto (22;
Sse^teÂtSove'l
12 4.
1 2., 4.
U A7100 Motor Vehicle- Personal Injury/Property Damage/Wrongful Death
<
*-
Uninsured Motorist (
D A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist

Q A6070 Asbestos Property Damage A7221 Asbestos - Personal InjuryA/Vrongful Death
Asbestos
<U O Q. t -
S *=
Ou
Product Liability (2
21 A7260 Product Liability (not asbestos or toxic/environmental)

D A7210 Medical Malpractice - Physicians & Surgeons
A7240 Other Professional Health Care Malpractice
1..2..3..4..8. 1.,4.
1..4.
<B
41
2. 5
< CD
Medical Malpracri
8*
01
O
Other
A7250 Premises Liability (e.g., slip and fall)

assault, vandalism, etc.)
1..4.
1..4.
* * 1
\ JC <0
i S
Personal Injury Property Damage Wrongfui Death (23;
D A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,

u A7270 Intentional infliction of Emotional Distress
1., 3.
1.. 4.
D A7220 Other Personal Injury/Property DamageAVrotigful Death
LACIV 109 (Rev. 03/11)
:iVIL CASE COVER SHEET ADDENDUM
Local Rule 2.0
LASC Approved 03-04
AND STATEMENT OF LOCATION
Page 1 of 4
SHORT TITIE:
;e nu jb(
MORTON ETAL
:tal
"' CiWlCaseCo a
Business T
-V Category N.
t'i * ,h;^
D
'W J,i!\\$*W\ Îjyp^^ctJonMflji

"* , (Check only*one) ;:!>
llllliili!
||iSeeStepÂbove
1., 3. 1,2., 3.
wpplicabielReasons.-.
A6029 Other Commercial/Business Tort (not fraud/breach of contract)
S.|r
Civil Rights (Q8)
O A6005 Civil Rights/Discrimination

a
Defamation (13)
A6010 Defamation (slander/libel)

A6013 Fraud (no contract)
1., 2.. 3. 1..2..3.
ft
o 3
Fraud (16)
-5
Professional Negligence
A6017 Legal Malpractice
1,2., 3.
1 2, 3. 23.
5 <9 e O
z a
A6050 Other Professional Malpractice (not medical o|rlegal)

n
U
Other'
A6025 Other Non-PersonalInjury/Property Damage fort

A6037 Wrongful Termination
Wrongful 11
E
>. o a.
1..2..3.
1..2..3.
10.
CI A6024 Other Employment Complaint Case Other Employment (H;)

LI A6109 Labor Commissioner Appeals
tu
.A6004 Breach ofRental/Lease Contract (not unlawful detainer or wrongful

eviction)
Breach of Contract/ Warranty (06) (not insurance)
2., 5.
A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence) A6019 Negligent Breach of Contract/Warranty (no fraud)
A6028 Other Breach of ContractVWarranty (not fraud or negligence)
n A6002 Collections Case-Setler Plaintiff
2., 5. 1,2.5. 1..2..5.
2., 5., 6. 2., 5. 1., 2., 58. 1,2,3,5.
Collections fCi
o
n
Insurance Gov
A6Q12 Other Promissory Note/Collections Case
D A6015 Insurance Coverage (not complex)

n
A6009 Contractual Fraud A6031 Tortious Interference
Other Cori"""' j'2
1., 2 3., 5. 1,2., 3., 8.
A6027 Other Contract Dispute(not breach/insuranceffraud/negligence)

Eminent Dom^ rt i ,<.i~
Condemnation (141
A7300 Eminent Domain/Condemnation
Number of parcels.
2., 6. 2., 6. 2., 6.
2., 6.
a.
Wrongful Eviction (33)
(J A6023 Wrongful Eviction Case

O A6018 Mortgage Foreclosure
Other Real FV t
AS032 Quiet Title
A6060 Other Real Property(not eminent domain, landlord/tenant, foreclosure)

Unlawful Deta n>
] A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)

A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
2,6.
w'i
Unlawful D.
26.
? 1
\ 3
Unlawful D '
Post-Fore-; I
Unlawful D.'
. (
A6020F Unlawful Detainer-Post-Foreclosure
2., 6.
A6022 Unlawful Detainer-Drugs
2., 6.
LACIV109 (Rev. 03/11)
LASC Approved Q3-04
,'IL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0
Page 2 of 4
SHORT TITLE:
CASE NUMBER
' MORTON, ET AL. V. NFL, ET AL.
*Civil Case* C
'
;!&ate^
Asset Fo
A6108 Asset Forfeiture Case
Petition re Ari
A6115 Petition to Compel/ConfirnWacate Arbitratior

D A6151 Writ - Administrative Mandamus
2., 5. 2., 8.
2.
2.
Writ of Mandate (CC)
ID A6152 Writ- Mandamus on LimitedCourt Case Matter

! A6153 Writ - Other Limited Court Case Review A6150 Other Writ /Judicial Review
Other Judical Pf,
2., 8.
Antitrust/Trade k
o
u'.
\6003 Antitrust/Trade Regulation

A6007 Construction Defect
1..2..8.
1.2., 3.
H
o>
'
_
X
Construction DW
Claims Invt,, n
Q.
C A9006 Claims Involving Mass Tort

. A6035 Securities Litigation Case
A6036 Toxic Tort/Environmental
1,2.8.
E
o
Securities L
Tc
1,2., 8.
c
o
1..2..3..8.
">
Environiii
Ju
a.
Insurance Co/emc .
from Com,' v
A6014 Insurance Coverage/Subrogation (complex case only)
1..2..5.,
29.
2.. 6.
3 A6141 Sister State Judgment

c e
3 A6160 Abstract of Judgment

Enf
of Juc
6 s -g1
c --
) AS107 Confession of Judgment (non-domestic relations)

j A6140 Administrative Agency Award (not unpaid taxes)
2., 9.
2., 8. 2 8.
UJ
i A6114 Petition/Certificate forEntry of Judgment on ynpaid Tax

3
Rico (;;;
A6112 Other Enforcement of Judgment Case
2., 8., 9.
1..2..8.
1., 2., 8.
A3033 Racketeering (RICO) Case A6030 Declaratory Relief Only
si
.2 E
5
 as
Other'
A6040 Injunctive Relief Only (notdomestic/harassmbnt)

A6011 Other Commercial Complaint Case (non-tort/non-complex) / 6000 Other Civil Complaint (non-tort/non-complex]
2 8. 1,2., 8.
(Not Spect
1 2., 8.
Partnership Cotj of >.

Governcnce C1s
A6113 Partnership and Corporate Governance Case

A6121 Civil Harassment
2,8.
2., 3.. 9.
2., 3., 9.
</)
AS123 Workplace Harassment
A6124 Elder/Dependent Adult Abuse Case

=5 OS O
Other Petitions
2., 3., 9.
2.
(Not Specified Aix (43)
A6190
Election Contest
A6110 Petition for Change of Name

A6170 Petition for Relief from Late Claim Law
A6100 Other Civil Petition
2., 7.
2., 3., 4., 8.

2,9.
LACIV 109 (Rev. 03/11) LASC Approved 03-04
VIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0
Page 3 of 4
SHORT TITLE:
CASE NU WBER
MORTON, ET AL. V. NFL, ET AL.
Item III. Statement of Location: F

circumstance indicated in Item !!
le address of the accident, party's residence or place of business, performance, or other p 3 on Page 1, as the proper reason forfiling; in the court location you selected.
ADDRESS:
REASON: Check the appropriate (

under Column C for the type of cthis case.
the numbers shown
131 PALOS VERDES BOULEVARD
/an have selected for
Q1.D2. D3.04. OS. D6.

CITY:
D8. D9.D10.
ZIP COOE;
REDONOO BEACH
90277
Item IV. Declaration of s ,

and correct and that t >- :
under penalty of perjury under the laws of the State of California that the foregoing is true I n-tler is properly filed for assignment to the SUPERIOR
courthouse in the
CENTRAL
D- ,-<
r-Tior Court ofCalifornia, County ofLos Angeles [podeCiv. Proc, 392et seq., and Local
Rule 2.0, subds. (b), (c) and (d;|.
Dated: __5/5J/<?'
WURE (SIGNATURE OF ATTORNEY/FILII* PARfY)
PLEASE HAVE THE FOLLOWiNC COMMENCE YOUR NEW COURT
EMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY

ASE:
1. 2.
3.
Original Comp'"-"'itr'-' If filing a Corni t

Civil Case Cov-
'
-' Summons form for issuance by the Clerk.

I Council form CM-010.
4.
Civil Case Cove- ^
Sum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
unless fees have been waived.
03/11). 5. Payment in full ^*fh
6.
7.
A signed order <,,

minor under 18 yeart ' Additional copic-r, of > ~
must be served alon - v
Guardian ad Litem, Judicial Council form CtvJoiO, ifthe plaintiff or petitioner isa
ill be required by Court in order toissue a summons.
-,'s to be conformed by the Clerk. Copies of trie cover sheet and this addendum summons and complaint, or other initiating pleading in the case.
LACIV 109 (Rev. 03/11)

LASC Approved 03-04
IL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
Local Rule 2.0
Page 4 of 4

Johnnie Morton Et Al v. NFL

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Johnnie Morton Et Al v. NFL

Загружено:

Авторское право:

Доступные форматы

ORIGINAL

FREDD HEATHER - State Bar No. 110650 fheatherfl iglaserweil.com

ADAM EEBERTHON - State Bar No. 145226

Superior Court of Ca California or

10250 Constellation Boulevard, 19th Floor

Los Angeles, California 90067 Telephone: (310)553-3000 Facsimile: (310)556-2920

Telephone: (213) 977-0211

Los Angeles, California 90017

SUPERIOR COURT OF THE STATE OF CALIFORNIA

JOHNNIE MORTON: KEZ

Case No. BC485131

COOK; BRIAN C. DUDLEY; BRAD

Strict Liability for Des^ #Bt;

DEMAND FOR JURY JRraE

ro <o i oo m S o X oO- w -J rry at

Does 1 through 100, inclusive.

Plaintiffs, on behalf of themselves, by and through their attorneys, hereby

This action is brought by Plaintiffs former National Football League

Defendants' wrongful conduct with respect to concussive brain injuries sustained by

concussive brain injuries; however, Defendants deliberately ignored, misrepresented

Traumatic Brain Injury Committee (the "MTBI") in an attempt to undermine existing

to long-term neurological problems. In 1997, Riddell became a part of the MTBFs

Jurisdiction is based upon the California Constitution Article 6, Section

Venue is proper in this Court pursuant to Section 395(A) of the

California Code of Civil Procedure.

IDENTIFICATION OF THE PARTIES

Mr. Johnnie Morton is a resident of and is domiciled in the State of

Mr. Kez McCorvey is a resident of and is domiciled in the State of

Mr. Kurt Barber is a resident of and is dbmiciled in the State of

Mr. Mike Sherrard is a resident of and i^ domiciled in the State of

domiciled in the State of Florida.

in the State of California.

Mr. Brian C. Dudley is a resident of ancj is domiciled in the State of

domiciled in the State of California.

in the State of California.

domiciled in the State of California.

Defendant National Football League (th e "NFL") is an unincorporated

association, consisting of 32 separately-owned and i ndependently-operated member

Defendant NFL Properties, LLC, as the successor-in-interest to National

Football League Properties, Inc. ("NFL Properties") is a limited liability company

Defendant All American Sports Corporation (d/b/a Riddell/All

manufacturing, selling and distributing football equipment , including helmets, to the

1989. All American

Defendant Riddell Sports Group, Inc. (" Riddell Sports Group") is a

corporation organized and existing under the laws

Sport Groups regularly conducts business in the Stat^ of California.

Defendant Easton-Bell Sports, LLC (' Easton-Bell Sports, LLC") is a

the laws of the State of Delaware with its principal p

wholly-owned subsidiary of EB Sports Corp. RBG foldings Corp. regularly

Defendants Riddell, Inc., All American Sports, Riddell Sports Group,

Holdings Corp., shall hereinafter be referred to collectively as "Riddell" or the

The NFL was founded as the American Professional Football

Association in 1920 and has been known as the Nati (^nal

Football League (NFL) since

and league policies, and regulating team ownership.

Upon information and belief, Plaintiffs sustained one or more concussive

Riddell's helmets have been

NFL are manufactured by

Riddell - Riddell estimates that figure is 77%.

In 1997, Riddell became a part of the MTBFs project of assessing

concussions and health consequences to NFL players by analyzing and reconstructing

Upon information and belief, Plaintiffs wore Riddell

while playing and/or practicing during their NFL careers.