OT: Givens lawsuit against Titans is dismissed - New England Patriots Forums

***pats1*** · 02-11-2010, 05:24 PM

$25M lawsuit against Titans dismissed | tennessean.com | The Tennessean

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Givens filed a $25 million lawsuit against the Titans last September alleging it knowingly withheld medical information from him and encouraged him to play despite being advised that a knee condition could not withstand the rigors of NFL competition.

But United States District Judge Todd Campbell, in an order filed on Wednesday, dismissed the case.

“In sum, the Plantiff’s case claims are preempted under Section 301 because they are not sufficiently independent of the terms of the CBA,’’ Campbell wrote. “The Supreme Court has held that because preempted claims much first be presented through the arbitration procedure established in the collective bargaining agreement, those claims be dismissed.’’

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In the original complaint, Givens claimed he should have been informed of the results of an examination by Dr. Tomas Byrd, an independent orthopedic surgeon who checked him before he signed a five-year contract with the Titans in March 2006.

The suit claims that Byrd determined that Givens "may need surgery at some point" and that he probably would not be able to play a full NFL season because of a large defect on the medial femoral condyle, where the upper leg bone connects to the joint in the knee.

In November 2006, Givens' knee was injured in the fourth quarter of a Titans home game against Baltimore. He has not played professional football since, and the suit alleges that " ... it was ultimately determined that the previously-known lesion and defect in his knee had crumbled."

The suit claims Givens didn’t learn of his knee condition until he reviewed his medical file in February ’09, as part of an unsettled arbitration with the Titans through the NFL Players Association’s collective bargaining agreement.

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***BradyFTW!*** · 02-11-2010, 05:28 PM

Loved Givens when he was here with the Pats, hate to hear about this. Hopefully as part of the next CBA, players in situations like this will be better taken care of.

***MoLewisrocks*** · 02-11-2010, 06:10 PM

That is what the signing bonus is intended to cover for these players. David saw two years of his money. Tennessee never saw much of anything. They were paying him to be their #1WR. As for the medical stuff, different doctors see things differently. Had Tennessee walked away from signing him because of one doctor's findings, his knee would have gone somewhere else and he'd have a lot less to show for it.

I save my sympathy for the guys who never get past the low six figure salaries before having it all taken away.

This was from Borges FA travelog on Givens back in 2006...

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"It sounds like fun but you're up at 5 a.m. every morning, flying around, meeting people you don't know all day, being interviewed. You're with those guys all day. You're pretty stressed. I lost 6 or 7 pounds because I couldn't eat and I wasn't sleeping much. I took three full body physicals in 72 hours. MRIs, X-rays, everything. They all drew blood, and needles are my worst enemy. It was wild."

New England's offer was essentially a million below the Texans and well below Tennessee's $24 million deal, which included a $8 million signing bonus ($2.5 million more than New England's), as well as salaries and roster bonuses in the final three years that made the deal worth $11.3 million over two years...

***DaBruinz*** · 02-11-2010, 06:55 PM

I think people misunderstand. The claim was only dismissed because the arbitration hearing hasn't been held. Once that is held, Givens can, and should, re-file.

Now, as for the other issue. Givens being informed about the lesion. If the Titans signed him with the potential of him being permanently disabled because of the lesion crumbling, that is their choice. However, if they did so and then took out an insurance policy on Givens to ensure they could re-coop their money, then that is a different issue.

Either way, Givens should have been told about the lesion. This way he could have been doing things to help ensure that the lesion didn't crumble. Whether it was surgery or something else.

There is a clear negligence on the part of the Titans for not informing Givens of the lesion.

robertweathers · 02-11-2010, 07:45 PM

Quote:

Originally Posted by DaBruinz

I think people misunderstand. The claim was only dismissed because the arbitration hearing hasn't been held. Once that is held, Givens can, and should, re-file.

Now, as for the other issue. Givens being informed about the lesion. If the Titans signed him with the potential of him being permanently disabled because of the lesion crumbling, that is their choice. However, if they did so and then took out an insurance policy on Givens to ensure they could re-coop their money, then that is a different issue.

Either way, Givens should have been told about the lesion. This way he could have been doing things to help ensure that the lesion didn't crumble. Whether it was surgery or something else.

There is a clear negligence on the part of the Titans for not informing Givens of the lesion.

I don't see how the reason it was dismissed could be any clearer???

Quote:

“The Supreme Court has held that because preempted claims much first be presented through the arbitration procedure established in the collective bargaining agreement, those claims be dismissed.’’

***Patjew*** · 02-11-2010, 08:37 PM

I still have alot of love for Givens. Clutch player, overachiever.