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$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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