The NFL, Again, Seeks to Kick the Players' Claims Out of Court | NFL ...

During the past 6 months, the NFL and the former players have been arguing over one, complex issue: whether the players? claims belong in court. The concept is called preemption. In its simplest form?although it definitely is not simple?parties to a collective bargaining agreement (i.e. players and the NFL management council) are generally barred from running to the courts and filing a lawsuit. Instead, the parties must pursue the specific grievance procedures set forth in the CBAs, which generally requires arbitration.

The NFL has framed the NFL concussion litigation as nothing more than a labor dispute over workplace health and safety. The players, on the other hand, have framed this litigation as a full frontal attack against the NFL for committing wrongs (i.e. fraud and negligence) against the players.

In its 30 page brief?drafted by some of the greatest legal minds in the country?the NFL argues that the court must kick the players? lawsuits out of court because they are barred by the CBAs. The NFL?s reasoning is primarily based upon Supreme Court precedence, two federal judges? Orders, and the unique nature of federal labor law.

Due to the uniform nature of federal labor law, an arbitrator ? not a judge ? is best suited to interpret the CBAs. If resolution of a claim requires the court to interpret various provisions of the CBA, then the claim is completely preempted. In other words, if Judge Brody has to examine all of the past and current CBAs, to determine what duties, if any, were owed to the players, then, according to the NFL, the claims must be dismissed.

The players? claims are primarily based on two legal theories: negligence and fraud. Both of which require a ?duty? element. The scope of this duty depends on the circumstances at play. Under modern tort law, each person in society owes a general duty to act like a reasonable prudent person under the same or similar circumstances. This duty can vary depending on the circumstances, and the analysis of this duty cannot be determined in a vacuum. Rather, this analysis requires a fact-intensive determination of what other factors were involved.

Applying these legal principles, the NFL argues that the scope of the purported duty owed to the players requires interpretation of the CBAs. Specifically those provisions in the CBAs that address duties imposed on team doctors and trainers regarding player health and safety.

The NFL is essentially arguing that Judge Brody will not be able to determine what duty, if any, the NFL owed to the players without analyzing each team?s responsibility it owed to the players. Put differently, the teams have experienced doctors and athletic trainers on the sidelines. To become a team doctor or trainer, the CBAs requires that doctors and trainers be certified. According to the NFL?s logic, and by way of an example, an assessment would have to be made of each team?s medical personnel to determine if they are educated in concussions. If all medical personnel must be certified concussion specialists, then the degree of the duty owed by the NFL may be reduced. On the other hand, if the medical personnel are not educated on concussions, then the NFL?s duty may be greater. This analysis would, according to the NFL, necessarily require interpretation of the CBAs ? triggering preemption.

The same line of reasoning applies to the fraud-based theories, according to the NFL, because an essential element in fraudulent concealment is a ?duty to disclose.? Moreover, another essential element in a fraud claim is whether the plaintiff justifiably relied on the representations. Again, whether the players were justified in relying upon the NFL?s representations about the link between concussions and long-term cognitive decline would require an interpretation of the aforementioned CBA provisions ? again, triggering preemption.

The NFL heavily relies upon two early rulings by federal judges Manuel Real and James Holderman. In fact, the NFL?s brief attempts to make these rulings look like the Holy Grail that Judge Brody must follow. Judge Brody is certainly not bound by these prior rulings, but she may find them persuasive. The NFL?s reliance and broad interpretation of the powerful thrust of federal preemption law may be misplaced.

Taking the NFL?s preemption argument to its logical end would effectively grant the NFL a license to commit fraud against its players and former players. Instead of having to defend any allegations of fraud, the NFL could simply hide behind the shield of the CBA.

As an extreme example, Roger Goodell could tell players at the Rookie Symposium that they will never suffer from neurological disorders if they drink NFLade. Believing that the Commissioner is telling the truth, the players, as instructed, drink NFLade before every game. Thirty years later, the players that heeded Goodell?s advice end up suffering from neurological disorders.

In other settings, except for the NFL apparently, a person harmed by Goodell?s representations could sue Goodell under a theory of fraud. But the mighty NFL, according to its logic, can assert the preemption defense and argue that the lawsuit should never see a jury because, as an initial matter, the resolution would require an interpretation of the CBA. In other words, to determine whether it was reasonable for the players to rely on Goodell?s representations, the court would have to examine the duty owed by Member Clubs to inform players that NFLade may not have been the bee?s knees that Goodell proclaimed it was.

Again, that is an extremely oversimplified example, but you can bet the players will make a policy argument that effectively states, granting the NFL?s preemption argument will turn federal labor law on its head and allow management to shirk their duties and hide behind the Almighty CBA.

To be sure, the preemption issue is one of the most complicated legal issues in American jurisprudence. Both sides have great legal arguments, and Judge Brody will have a very difficult decision to make.

On a final note, the NFL has hired one of the greatest legal minds in the country, Paul Clement. Clement was the former US Solicitor General under the Bush Administration. This all-important hiring of Clement may be an example of the NFL flexing its muscles to show that it is willing to take this preemption issue all the way to the United States Supreme Court ? legal nerds rejoice!

The players will have until January 28^th to file a surreply brief. Once this has been filed, the preemption issue will be fully briefed, and the decision on whether the players? claims belong in court will rest with Judge Brody.

Stay tuned, things are heating up!

Source: http://nflconcussionlitigation.com/?p=1316

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Egypt opposition fears violence from Brotherhood

CAIRO (AP) ? They showed a military-style precision: Crowds of bearded Islamists proclaiming allegiance to Egypt's President Mohammed Morsi and chanting "God is great" as they descended on tents set up by anti-Morsi protesters outside the presidential palace, swinging clubs and firing rifles. They set up a detention facility, interrogating and beating captured protesters.

The scene from bloody clashes outside the presidential palace a week ago hangs over Egypt's political crisis, as a daunting sign of how much more violent the confrontation could become between Morsi's Islamist supporters and the opposition that has launched a giant wave of protests against him.

Opponents of Morsi accuse his Muslim Brotherhood supporters of unleashing highly trained cadres ? fired up with religious slogans ? to crush their political rivals. They fear last week's violence was a signal that the Brotherhood will use force to push its agenda and defend its political gains in the face of a persistent protest movement demanding that Morsi withdraw a draft constitution largely written by his Islamist allies.

Ahead of a new mass rallies planned by both sides Tuesday, masked gunmen attacked anti-Morsi protesters in Cairo's central Tahrir Square before dawn, firing birdshot at them and wounding nine. It was unclear who was behind the attack, said security officials, speaking on condition of anonymity because they were not authorized to talk to the press.

Officials from the Brotherhood and its political party deny using violence to quell critics. They say its supporters last week were defending the palace when police failed to do so, though by the time of the violence the only protesters outside the palace were around 100 conducting a sit-in in the tents.

Brotherhood officials accuse former regime supporters and paid thugs of waging an organized campaign to topple Islamists from power and point to a series of attacks on Brotherhood offices the past weeks. Morsi supporters say they suffered more deaths and injuries during last Wednesday's bloody clashes that left at least eight people dead.

But testimonies and videos that have emerged from the nearly 15 hours of street clashes last week show an organized group of disciplined Islamists, working in units and carrying out military-type exercises as they broke up the tent sit-in at the palace.

Opponents of the Brotherhood frequently accuse the group of running a "militia." The group is known for its tight discipline, and it acknowledges that many of its young members undergo organized martial arts training ? but it vehemently denies forming any militias.

Tharwat el-Kherbawy, a former Brotherhood member and now an opponent of the group, said the Brotherhood's central organizational doctrine ? calling on members to "hear and obey" their leaders ? gives it a military-like structure.

When the Brotherhood met a stronger than expected protest movement, "they had no hesitation in hastening to implement their ideas and resorting to violence," he said. "If their empowerment project is facing resistance, this resistance must be quelled."

During last Wednesday's fighting, nearly 140 anti-Morsi protesters were detained, tortured and interrogated at a makeshift center set up by the Brotherhood along the walls of the presidential palace, according to witnesses. The detained protesters were filmed making forced confessions that they had received foreign funds, according to some who were held and an Egyptian journalist who snuck into the site.

One of the victims, Yehia Negm, an Egyptian diplomat, told The Associated Press he was dragged on the ground to the center where he was beaten. He is suffering from multiple injuries in the head, eye, nose, and ribs from beating and had remains of pellets in his forehead from gunfire during the clashes.

"When they found my ID that says a diplomat, they started accusing me of working with security agencies, of being a spy and of serving foreign countries," Negm said. "They rained beatings down on me. They started yelling at me, saying, 'You infidels, you want to burn the country down, you are not Muslims.'"

Around 20 Islamists manned the center, made up of metal barricades erected against the palace wall, said Mohammed Elgarhy, a local journalist with the daily Al-Masry Al-Youm who snuck into the detention center and spent nearly four hours there. Among them was a man he recognized as a well-known Brotherhood lawyer and two others he overheard speaking with a Brotherhood leader. The others, who he said he believed were Brotherhood members, carried out the beatings and interrogations.

"The Brotherhood were carrying out the job of the Interior Ministry," Elgarhy told AP. "They would arrest anyone they suspected and bring here ... asking them questions such as who paid for you to come here."

Troops from the Central Security Forces guarded the site, but did not interfere, he said.

The violence came a day after hundreds of thousands marched on the palace in Cairo's upper middle class district of Heliopolis, demanding Morsi withdraw the draft constitution and sweeping powers that he had given himself in a series of decrees.

After the giant rally, around 100 protesters set up a tent camp outside the palace. In response, the Brotherhood called a "general mobilization" of its members, and its spokesman said the group will protect the legitimacy of the president and state institutions.

The next day, last Wednesday, thousands of Islamists lined up on a main boulevard near the palace, chanting "Power, Resolve, Faith, Morsi's men are everywhere," and threatening to douse the opposition tents with gasoline, according to video of the scene posted on YouTube.

The Islamists then stormed the camp, chanting "God is great" and "Islamic law is fundamental in Egypt," as they tore down tents and chase away the small group of protesters. They ransacked the tents' contents.

Brotherhood supporters claimed they found evidence of drug use at the camp ? though they never showed any ? and that burnt charcoal and processed cheese in the tents proved the protest was foreign funded, without explanation. The accusations were reminiscent of those leveled by the regime of ousted President Hosni Mubarak against the protesters who rose up against his rule in early 2011.

As news of the attack spread, more anti-Morsi protesters arrived on the scene. Buses, shown in videos parked nearby, brought in Brotherhood supporters. By sunset a full-fledged street battle transformed Heliopolis into a war zone.

The battle spread out over at least three fronts near the palace. Protesters and witnesses put the number of Morsi supporters at up to 12,000 compared to several thousand protesters.

Bearded men in short robes waved sticks in the air as they chased groups of young men and women down darkened alleys while gunfire echoed in the background.

A resident of a building overlooking one front line said Morsi supporters appeared to be operating by what a well-rehearsed plan. They came prepared with metal sheets for barricades and motorcycles with small trailers attached brought loads of stones to pelt protesters with. The resident spoke on condition his name not be used for fear of retribution.

Some Morsi supporters were armed with rifles, firing from the edges of the front lines to avoid being detected, said Mahmoud Zaghloul, a 22-year old protester who got hit with a rock in his head. He also said many in the Morsi camp came prepared with helmets with plexi-glass face screens.

At least one video shown on a private TV station shows a man in the Morsi camp, wearing a full helmet, taking a professional shooter position, bending his knees and aiming with a rifle.

"One of the most disturbing things was how they chanted 'God is Great' as they aimed at us," as if they were firing at infidels, Zaghloul said.

Some in the anti-Morsi camp also had firearms, witnesses said. At least one amateur video circulating online that showed an anti-Morsi protester pointing a pistol from behind a barricade at the opposing camp.

The exact circumstances of the online videos could not be independently confirmed, but their contents were consistent with other AP reporting.

Mourad Aly, a Brotherhood party spokesman, said the number of Brotherhood members injured, killed and shot is higher than those on the other side, indicating the pro-Morsi side was the victim.

"The group and the party don't use violence and have no inclination to the use of violence," he said. He said the Morsi supporters were protecting the site, saying, "We will never allow an attack or breach on the palace."

Source: http://news.yahoo.com/egypt-opposition-fears-violence-brotherhood-114529650.html

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Common Problems that Can Afflict High-Mileage and Poorly ...

Last updated 10 hours ago

If your RV has a lot of miles or it has not been maintained in a while, you should take it to a truck and RV repair shop as soon as you can. Here are some of the problems that are seen most often in high-mileage and poorly maintained RVs.

Blown Tires

It?s vital to keep an eye on your RV?s tire wear and age, since older, worn tires are more likely to blow out. If your RV is in storage most of the year, then it is especially important to know the age of your RV?s tires and replace them at a car repair shop if they are approaching six years old. The reason for this is that the rubber on older tires starts to degrade, which increases the likelihood of a tire blowout.

Leaky Gas Line

It?s important to have your RV?s gas system checked at least once per year by a professional RV repair shop. A leaky gas line is more common in older RVs and can cause accidental fires.

Bumpy or Bouncy Ride

If your RV is getting older and it hasn?t received any service for its suspension components, there?s a decent chance that you will start to experience bouncing, a jerky steering wheel, a harsh ride, or RV sway. These problems are caused typically by worn out shock absorbers, wheels that are out of alignment, or bad springs. Go to an auto repair shop to get the issue checked out before it becomes a serious safety hazard.

Pulling to One Side

Another common suspension problem that afflicts high-mileage and poorly-maintained RVs is pull. This sideways drifting can be caused by bad wheel alignment, tire problems, uneven weight distribution, or bad steering components.

To get your RV maintained by professionals in the South San Francisco area, stop by Four Star Automotive. Call us at (650) 351-9871 to learn more about repairing your RV, and visit our website to find out more about the repair and maintenance services we have to offer you.

Source: http://www.autorepairsouthsanfrancisco.net/606080/2012/12/09/common-problems-that-can-afflict-high-mileage-and-poorly-maintained-rvs-.html

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Tri-Valley Business-Network Group Selects New Leader ...

?Innovation Tri-Valley,?a networking collaboration?of?key business leaders in?Danville, Dublin, Livermore, Pleasanton, and San Ramon, has selected a new CEO.

Dale?Eldridge Kaye, president and chief executive officer of the?Livermore Valley Chamber of Commerce, is stepping down from her chamber post to take on the position.

Innovation Tri-Valley launched?in 2010?to connect regional businesses, research labs, educational institutions and civic leaders?to promote?economic and community growth.

"The chamber has both led and been the infrastructure for Innovation
Tri-Valley," Kaye said.

"To be a success, this regional organization must have a dedicated staff with laser-like focus on its objectives," she said. "With that focus, it has the potential to make a monumental difference in the way the entire Tri-Valley is perceived and to have a positive impact on its economic vitality."

Kaye's work with the chamber is praised by fellow officers.

"On joining the chamber board several years ago, I was very impressed with Dale's ability to see the issues of Livermore and the Tri-Valley at both the tactical and strategic levels," said?Jay Davis,?Hertz
Foundation president and incoming Livermore chamber board chair.

"There is an old expression in boxing, mapped over to politics, about 'punching above one's weight,'" he said. "Dale certainly can do that. It will be fun to see what she does with this new challenge."

Innovation Tri-Valley's focus is on three areas:?attracting?business to the region;?creating a regional culture that is globally connected and retains top talent; and?public and private?generation of?funding for?the
region.??

"Fortunately, Innovation Tri-Valley's goals dovetail elegantly into what the chamber does," Kaye said.

"And that gives me the opportunity to continue to work with the people and organizations I treasure."?

Companies involved with?Innovation Tri-Valley include:???

For more information about Innovation Tri-Valley, visit?www.innovationtrivalley.org?or call (925) 290-7266.

To learn more?about the Livermore chamber, click here.

Source: http://pleasanton.patch.com/articles/tri-valley-business-network-group-selects-new-leader

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Stocks ?flat as investors await fiscal cliff signs

3 hrs.

From wire services , NBC News

Stocks opened little changed on Monday as investors awaited any sign of progress in talks to avert the United States' so-called fiscal cliff of tax hikes and spending cuts.?

Investors tried to gauge the surprise resignation of Italy's prime minister, which sent a jolt through European markets.?The move added to uncertainty about handling the euro zone debt crisis and drove Italy's borrowing costs higher.?

McDonald's rose after reporting stronger sales.?

The Dow Jones industrial average inched up seven points to 13,162 shortly after the opening bell Monday.?

The broader Standard & Poor's 500 index was down a fraction of a point at 1,417. The Nasdaq composite was up a fraction at 2,978.?

The departure of Italy's Prime Minister Mario Monti surprised markets. Monti was credited with restoring confidence in Italy's rattled economy. Italy's benchmark stock index dropped 3 percent and the yields on Italy's government bonds rose as investors sold them.?

Monti said he can't lead the country after former Prime Minister Silvio Berlusconi's party dropped its support.?

U.S. President Barack Obama met with Republican House Speaker John Boehner on Sunday to negotiate a deal for avoiding the fiscal cliff that is set to go into effect in the new year.?

The two sides declined to provide details about the unannounced meeting.?

The "fiscal cliff" talks have kept markets on edge in the last month as investors worry the scheduled measures could send the economy into recession if politicians do not reach a deal.?

"It is taking its toll on consumers, no question about that, but at the very end there will be a deal," said Peter Cardillo, chief market economist at Rockwell Global Capital in New York.?

Cardillo said he expected a choppy trading day that could end near Friday's close as investors start to turn their attention to the Federal Reserve's policy-setting meeting on Tuesday and Wednesday.?

The Fed is expected to announce a new round of Treasury securities purchases at the end of the meeting, according to a Reuters poll. The bond buying would replace the "Operation Twist" stimulus, which expires at the end of December.?

China's export growth slowed sharply in November, highlighting the global headwinds dragging on the world's second-largest economy. But other data over the weekend showed both industrial output and retail sales rose in November at their fastest annual pace in eight months, suggesting China's economy is picking up.?

The Associated Press and Reuters contributed to this report.?

Source: http://www.nbcnews.com/business/stocks-flat-investors-await-fiscal-cliff-signs-1C7505413

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Airborne scientists search distant stars for complex organic molecules

Dec. 10, 2012 ? A team of astrobiology researchers -- including two from Rensselaer Polytechnic Institute -- will use a series of nighttime flights on an airborne observatory to search newly born stars for the presence of precursors to life.

The scientists, led by Douglas Whittet, director of the New York Center for Astrobiology at Rensselaer, will use the observatory's infrared absorption spectroscopy capabilities to search for a suite of molecules in clouds of dust surrounding five young stars. Their work is part of the first season, or cycle, of research to be performed aboard the Statospheric Observatory for Infrared Astronomy (SOFIA), the largest airborne observatory in the world.

A partnership of NASA and the German Aerospace Center, SOFIA consists of an extensively modified Boeing 747SP aircraft carrying a reflecting telescope with an effective diameter of 2.5 meters (100 inches). The airborne observatory, based at NASA's Dryden Aircraft Operations Facility in California, began a planned-20 year lifetime with its first cycle from November 2012 to December 2013.

"We're interested in how the matter that you need to make planetary life came to be: Where did it come from and how was it formed? And since it happened here in our solar system, is it likely to happen elsewhere as well?" said Whittet, also a professor of physics. "We can't go back in time to observe our solar system when it was born, but we can look at other regions that we believe are similar and use them as analogs for the early solar system."

The scientists will determine the chemical composition of distant regions through absorption spectrometry, a technique that takes advantage of the fact that different types of matter absorb different segments of the wavelength spectrum generated by a given source of energy -- in this case, the newly born star.

Whittet explained that the infrared spectra of newly born stars are rich in absorption features that signal the presence of organic molecules and water in the dusty remnants of the clouds from which they formed. These dusty remnants are the raw materials from which new planets may coalesce.

Aboard SOFIA, the scientists will be looking at the absorption spectrum of infrared light at wavelengths between 5 and 8 microns. The researchers will search for molecules such as methane, ammonia, formaldehyde, methanol, and formic acid -- early precursors of amino acids. The work is a collaboration between Whittet and Charles Poteet, a post-doctoral research associate at Rensselaer, and researchers at SETI, the California Institute of Technology, Ithaca College, the NASA Ames Research Center, and Johns Hopkins University.

The current project builds upon recent work in which the scientists combined years of existing research to locate areas in outer space that have extreme potential for complex organic molecule formation. Whittet and his collaborators searched for indications of methanol, a key ingredient in the synthesis of organic molecules that could lead to life, and identified a handful of newly formed stars that are surrounded by clouds with a high concentration of methanol (about 30 percent).

For that project, the scientists were able to rely on observations made from ground-based telescopes, but Whittet said only SOFIA has the capability to gather the more specific data they currently seek.

"We're trying to look at a part of the spectrum that doesn't get through the atmosphere very well," Whittet said. "Earth's atmosphere, which contains a lot of moisture, absorbs most of the infrared radiation we want to detect. But SOFIA cruises at an altitude of about 40,000 feet, which is above almost all of the moisture, and allows us an unimpeded view of the stars."

Further, said Whittet, although two space-based instruments equipped with infrared absorption spectrometry capabilities -- NASA's Spitzer Space Telescope, and the Infrared Space Observatory, a European Space Agency satellite -- did take observations in that region, neither of them had the appropriate combination of resolution and sensitivity for the group's current work.

"There's really nothing else out there right now that could collect the data we need for this research," Whittet said.

The scientists were awarded 6.5 hours aboard SOFIA, time which may be used in one or several flights over the Pacific Ocean, and Whittet hopes he will be aboard for the observations. He said the scientists will likely publish findings from their research within a year after collecting the data.

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The above story is reprinted from materials provided by Rensselaer Polytechnic Institute (RPI).

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Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/space_time/astronomy/~3/DgkeTv5wST0/121210160738.htm

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Copper Area News Publishers ? Oracle Historical Society hosts ...

While many view the production of Arizona wine to be a gimmick to wow the tourists, more than one of the more than 30local wineries has found its wine being the recipient of praise by national wine magazines.

On Saturday, Dec. 8, from 4 p.m. to 6 p.m., the Oracle Historical Society (OHS) will be hosting the fourth annual Holiday Wine Tasting at the Acadia Museum, celebrating the quality local wines of Arizona. This time, the wine to be tasted is from three Patagonia area wineries.

Dos Cabezas Wineworks, a family owned and operated winery that has been producing wines since 1995, earning critical acclaim and even having the honor of their wine being enjoyed at the White House.

Originally located near Wilcox, the winery was moved to Sonoita after the 2006 purchase by winemaker Todd Bostock, to be closer to his family vineyard planted in Elgin. Their wines are available at many Arizona restaurants, and stand as proof that exceptional wine can be created in Arizona.

Cimarron Vineyards, sheltered in the shadows of the Chiricahua Mountains, has the sort of elements best associated with Napa Valley and is ripe for producing exceptional cabernets, merlots and zinfandels. The land is elevated, with rich, red volcanic soil, the days are warm, the nights are cool and Dick Erath, pioneer of Oregon?s wine industry, has turned his attention to it.

Lightning Ridge Cellars, established in 2005, is a small winery that offers wines which reflect the Italian heritage of the winery. Old world traditions are employed in the winemaking and they combine with the clay soil and excellent climate to aid in the production of full-bodied wines.

Come enjoy an evening of tasting some surprisingly rich wines, which will also be available for purchase at severely discounted prices. Delicioushors d?oeuvres will be provided, courtesy of the Oracle Inn.

Tickets are $15 for OHS members and $20 for non-members. Space will be limited to 100 patrons, so make your reservations now by calling the OHS office at 520-896-9609,sending an email?tooraclehistoricalsociety@gmail.com?or mailing a check to Oracle Historical Society, PO Box 10, Oracle, AZ 85623. You will be put on a will-call list.

To comment on this article and others ?visit?the Copper Area News Facebook?or send us an email at CBNSun@MinerSunBasin.com

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Source: http://copperarea.com/pages/?p=1149398

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