Beasley Allen has filed a class action lawsuit against the National Football League (NFL) alleging two of its benefit plans of racial discrimination and more.

The suit is centered around the Player Disability & Survivor Benefit Plan and the Player Disability & Neurocognitive Benefit Plan, collectively called “The Plans.” The Plans allow former NFL players to receive benefits if they are diagnosed with specific neurocognitive impairments before they turn 55.

Along with racial discrimination, the class action is seeking redress for wrongful denial of benefits, violations of governing regulations, and breaches of fiduciary duties. Specifically, it alleges the NFL employs a racist assumption that African Americans and other non-white people are inherently less intelligent than white people and the damages incurred because of those assumptions related to disability and other benefits.

According to The Plans, players must undergo a series of tests to diagnose impairments to receive benefits because they suffer from neurocognitive impairment. If the tests indicate a neurocognitive impairment, the impairment is ranked as either “mild” or “moderate,” with the monthly payments related to the ranking.

The tests conducted take a raw score and convert the scores to a scaled version, which is supposed to provide a baseline. Instead, as alleged in the complaint, the scores are adjusted using a race-norming methodology, designed under the racist assumption that African Americans and other non-white persons have a lower baseline neurocognitive functioning than white participants. Because of this alleged assumption, African American and non-white participants are required to show even lower performance on cognitive tests than the performance needed by their white counterparts.

For example, a non-white and white participant may score identical raw scores. Still, because of the race-norming methodology, the white participant may be considered to have a “moderate” impairment, while a non-white participant’s impairment may only be “mild.” Alternatively, the white participant may have “mild” impairment, while the non-white participant may be considered to have no impairment.

As a result of the race-norming methodology, African American and non-white participants were paid less under the Plans than their white counterparts.

Beasley Allen Attorneys Leon Hampton and Paul Evans are committed to assisting these players in requiring the NFL to correct its racist assumptions by ensuring that participants’ neurocognitive impairments are not based on race-norming methodologies, directly impacting the African American and non-white plan beneficiaries.

If you have any questions about our work related to the NFL’s Player Disability & Survivor Benefit Plan and the Player Disability & Neurocognitive Benefit Plan, please visit the Contact Us section on BeasleyAllen.com.

The post Beasley Allen Files Discrimination Suit Against NFL Benefit Plans appeared first on Beasley Allen.

Our attorneys have filed a suit against the NFL for using racially discriminating methodology to determine benefit payouts for non-white athletes with neurocognitive impairments.

Montgomery, AL. (Oct. 4, 2023) – Beasley Allen has filed a class action lawsuit against the National Football League (NFL), alleging racial discrimination against African Americans and other non-white individuals.

The suit centers around former Atlanta Falcons wide receiver Stacey Bailey and former Tampa Bay Buccaneers defensive end Eric Curry and two of the NFL’s benefit plans.

The Player Disability & Survivor Benefit Plan and the Player Disability & Neurocognitive Benefit Plan, collectively referred to as “The Plans,” permit retired NFL players to receive benefits if they are diagnosed with specific neurocognitive impairments before age 55.

To receive benefits for neurocognitive impairment, players must undergo a series of tests to identify any impairments they might have. The test results categorize the impairment as either “mild” or “moderate,” and the monthly payments are based on that ranking.

In the complaint, Bailey and Curry qualified for benefits for “moderate” impairment but were instead diagnosed with “mild” impairment due to a race-norming methodology, designed under the assumption that African Americans and other nonwhite persons have a lower baseline neurocognitive functioning than white participants.

Bailey and Curry received an unjustly reduced level of benefits compared to their white counterparts.

The class action suit is pursuing justice for the NFL’s race-norming methodology, wrongful denial of benefits, violations of regulations and breaches of fiduciary duties.

Beasley Allen attorneys Leon Hampton and Paul Evans are committed to assisting these players.

“Through this class action lawsuit, our firm is working to require the NFL to correct its racist assumptions by ensuring that participants’ neurocognitive impairments are not based on race-norming methodologies,” said Hampton.

The post Beasley Allen Files Racial Discrimination Suit against NFL Benefit Plans appeared first on Beasley Allen.

When you think of asbestos exposure and the resulting disease mesothelioma, many think of blue-collar Americans because of its prominence in industry.

Asbestos has been linked to serious diseases by the medical profession since the late 1920s, which led to the development of workers’ compensation laws. By the 1970s, the fight became more public when those sickened by asbestos exposure and their loved ones began filing mesothelioma lawsuits. Cases continued to be filed through subsequent decades and into today.

More recently, however, famous Americans who have died from mesothelioma have spread additional light on the disease and its reach.

In 1980, at just 50, Steve McQueen passed away due to mesothelioma. On its surface, this seems surprising. How could a man, nicknamed the “King of Cool,” known for his iconic roles like The Thomas Crown Affair, Bullitt, Papillon, and The Great Escape, be exposed to asbestos and develop this disease? The answer comes from doing what lawyers at Beasley Allen do daily for our mesothelioma clients.

Looking back and examining McQueen’s life, we find he served for three years in the United States Marine Corps. (1947-1950). During his service, he was exposed to massive amounts of asbestos on Navy ships.

Deaths like McQueen’s raise awareness of mesothelioma and teach asbestos lawyers to dig deep and look for all possible exposures that may not be initially evident. At Beasley Allen, this research is a fundamental aspect of our practice.

If you have questions or want to learn more about our work on cases involving asbestos exposure or mesothelioma, visit our website, BeasleyAllen.com.

The post Famous Deaths Shed Light On Mesothelioma, Teaching Counsel To Dig Deep appeared first on Beasley Allen.

Beasley Allen principal Leigh O’Dell co-chairs the Talc multidistrict litigation (MDL) Plaintiffs’ Steering Committee.

The parties recently attended a status conference in New Jersey. It was the first status conference in the MDL with Judge Michael Shipp and Magistrate Judge Rukhsanah Singh since the bankruptcy of LTL Management, a subsidiary of Johnson & Johnson, was dismissed. Judge Shipp was appointed to oversee the Talc MDL earlier this year following the retirement of Judge Freda L. Wolfson.   

During the court hearing, the parties presented their proposed bellwether scheduling orders. The only dispute that arose was whether Johnson & Johnson could re-litigate Judge Wolfson’s Daubert decision on general causation while preparing for the bellwether case.

The Plaintiffs’ Steering Committee opposed such efforts, and the court took the Daubert-related issue under advisement. A bellwether trial is likely to be scheduled during Fall 2024. Defendants urged the court to plan a “science” day.

The Plaintiffs’ Steering Committee then suggested that the court have an “education” session to cover procedural and legal matters related to Johnson & Johnson’s liability and the scientific evidence supporting causation. The court agreed that a day should be allocated to familiarize them with all the necessary information.

“We’re focused on accomplishing a just and fair resolution for our clients,” said O’Dell. “We believe that means moving forward with the trial of as many cases as possible and as expeditiously as possible.”

The court strongly encouraged the parties to devote time and energy to settlement discussions. The Plaintiffs’ Steering Committee assured the court that leadership has been engaging in good-faith discussions for some time and will continue to do so.

The post Talc Talk: Leigh O’Dell weighs in on Johnson & Johnson litigation appeared first on Beasley Allen.

A jury in Upson County, Georgia has awarded over $2.5 million in a case where the negligence of a Georgia contractor injured a trucker.

In December 2016, Southern Clearing and Grinding, Inc., contracted by the Georgia Department of Transportation, was clearing trees in the median of Interstate 85 in Banks County. At the same time, our client, Jose R. Garcia, a North Carolina resident, was driving a 2006 Volvo truck with an enclosed 53-foot box trailer in the northbound lanes.

As Mr. Garcia approached the area, the defendant negligently and recklessly cut down a tree that fell into the northbound lanes. Mr. Garcia was unable to avoid the tree and collided with it.

Because of the defendant’s negligence, our client suffered various injuries and damages, including physical pain and suffering, ongoing medical treatment, loss of the enjoyment of life that will continue to occur, as well as emotional harm, distress and other injuries. The defendant steadfastly refused to recognize the full extent of the harm their actions caused and instead focused on trying to belittle Mr. Garcia’s pain by pointing out throughout the trial that Mr. Garcia had not had the surgery he was recommended to have in 2020 and had continued to work in the five years since the wreck.

Our client received this well-deserved verdict with the help of Beasley Allen principal attorneys Warner Hornsby and Preston Moore.

“As a direct result of their negligence, our client has suffered and will continue to suffer in pain,” Hornsby said. “The jury was able to give this victim a voice and hold the Defendant accountable for their failure to exercise ordinary and reasonable care.”

“Mr. Garcia’s injuries are an example of what can happen when a company fails to prioritize the safety of others,” Moore said. “We worked tirelessly to ensure Mr. Garcia got the justice he deserved, and I am glad the jury agreed with us.”

Along with $2.5 million in compensatory damages, the jury awarded our client $10,000 in punitive damages.

The post Beasley Allen Secures $2.5 Million Verdict in Georgia Truck Wreck Case appeared first on Beasley Allen.

We at Beasley Allen are committed to “helping those who need it most,” whether through traditional legal services, pro bono work or volunteering.

We proudly provide services to faith-driven organizations like Street Grace and Frontline Response.

Street Grace collaborates with business and community leaders to provide a pathway to end the sexual exploitation of minors. Through community resources like our attorneys, they work to create a web of protection and advocacy, giving communities the power to stand up, speak out and take action.

Frontline Response works to help individuals out of sex trafficking and homelessness while preventing others from becoming victims. Along with community outreach, they train first responders, hospitals and judges. The organization also advocates for legislative and policy changes that fight against sex trafficking.

In 2023, we provided pro-bono work focused on sex trafficking and criminal record expungement for both organizations.

“It brings me great joy that Beasley Allen can support both of these organizations,” said Beasley Allen pro bono coordinator and principal attorney Chad Cook. “Working with Street Grace and Frontline Response means extending our commitment to protecting the vulnerable. In this case, the future of our youth.”

The post Street Grace and Frontline Response appeared first on Beasley Allen.

On a typical Fall afternoon in 2015, a 5-year-old boy was crossing the front of a school bus with his siblings when his backpack became caught. The backpack’s contents spilled onto the ground, and he bent over to gather his items. Unfortunately, a blind spot in front of the bus prevented the driver from seeing him. 

The child’s mother watched in horror as the more than 20,000-pound bus started forward and ran over her child, crushing him. 

Over 20 million students will ride a school bus on any given day. As parents, we may assume that riding a school bus is the safest option for our children, but this is not always true. 

In 2021, school bus-related crashes killed 108 people nationwide, including occupants of other vehicles, bus passengers, drivers, and pedestrians. Pedestrians involved in school bus crashes have a higher rate of fatality. Sadly, most school-age pedestrians killed are between 5 and 10 years old. 

Since the late 1980s, student detection systems have been available to manufacturers of school buses. These detection systems help eliminate the blind spot on the front of buses. Despite the availability, no bus manufacturer had installed the system in the 2002 bus involved in the 5-year-old’s death.

The overwhelming majority of school buses today do not have this safety device. 

Our lawyers and one of our in-house investigators traveled to New Jersey, where a law to protect pedestrians following the tragic death of another child. While there, they tested a bus with the Rostra SDS System (Student Detection System). They proved that the system works well and that the cross-view mirrors are unreliable and hazardous.

In Alabama, a School Bus Specifications Committee sets the minimum specifications manufacturers must meet to sell their buses to school districts. However, school bus manufacturers can always exceed the minimum specs. In 2017 when Beasley Allen worked this case up for trial, student detection sensors were not required under the minimum specs, and no school bus manufacturer had ever asked that these systems be added for bus safety.

Fortunately, the 2024 school bus specifications approve of manufacturers incorporating several technologies to improve school bus safety, such as collision avoidance and mitigation systems; exterior cameras; student tracking systems; and pedestrian detection systems.

Beasley Allen’s Greg Allen, Stephanie Monplaisir, and Darron Hendley from the Hendley Law Firm represented the family in this case.

The post Tragic School Bus Accident Case Spotlights Safety Issues appeared first on Beasley Allen.

Our firm recently settled a case in which an Alabama employee was killed when a freight elevator fell three stories.

The employee was unloading supplies from an elevator when the cable that raised and lowered it broke, resulting in the elevator collapsing. The worker was pulled into the falling elevator and was tragically killed.

When installed by the manufacturer, the freight elevator included a safety brake, referred to as a falling platform safety device. This device was designed so that if the elevator dropped or fell, a cam mechanism would cause the brake to turn into the guide rail, lock into place, and keep the elevator from falling.

Our investigation found that the cam brake system had not been adequately inspected and maintained. We also learned that the elevator had fallen under similar circumstances without injury being caused to anyone on that occasion. If proper measures had been taken by servicing the freight elevator, the employee would not have died. 

The victim left behind his fiancé, three children, and other family members.

In this case, our firm sought worker’s compensation benefits from the employer and justice against several co-employees for what we asserted was “willful conduct” as defined under the Worker’s Compensation Act.

An employee injured on the job in Alabama is limited to benefits payable under the Alabama Workmen’s Compensation Act. Two exceptions to this statutory limitation are:

• When the injury was caused by a third party, such as a product manufacturer who sells a dangerous or defective piece of equipment to the employer
• When the injury was caused by the willful conduct of a co-employee
  • Section 25-5-11(c), Code of Alabama, provides that “willful conduct” of an employee can occur when the co-employee has “[a] purpose or intent or design to injure another” or where a co-employee participates in the “willful and intentional removal from a machine of a safety guard device provided by the manufacturer of the machine.”  

Alabama courts have found that in some circumstances the removal or the failure to maintain a safety device is equivalent to the removal of that device and can constitute willful conduct. 

In some instances, an employee may find that he can do the job easier or more quickly if the safety device is removed. Suppose another employee comes along after that and is injured due to the removal of the safety device. In that case, the co-employee who removed the safety device may be found liable for willful conduct.

In other instances, a maintenance person may fail to maintain the safety equipment on a machine, which may make the machinery unsafe to operate. In such instances, Alabama courts have also found that a co-employee may be found liable for willful conduct as defined in section 25-5-11(c).

Beasley Allen attorney Ben Locklar represented the family in this case. If you or someone you know are in a similar situation, please do not hesitate to contact the Beasley Allen Law Firm for a free case evaluation.

The post Freight Elevator Falls 3 Stories, Kills Employee On the Job appeared first on Beasley Allen.

We filed a class action lawsuit for owners or lessees of vehicles with defective driver or passenger side ARC Automotive airbag inflators. The inflators can cause serious injuries or death.

When consumers buy or lease vehicles, they expect them to have been inspected and designed with safety in mind.

More than 100 plaintiffs from 36 states this summer filed a Consolidated Class Action Complaint alleging violations of state consumer protection and warranty laws.

The plaintiffs also seek to represent a nationwide class on behalf of all people in the United States who purchased, currently own, lease, or leased a Class Vehicle containing a driver or passenger side inflator manufactured by ARC Automotive, Inc. between 2001 and 2018.

The lawsuit filed June 28, 2023, alleges defective airbag inflators were manufactured by ARC, and/or its subsidiaries, successors, or affiliates. The airbag inflators are installed in numerous companies’ airbag modules and distributed or marketed through several vehicle manufacturers.

These defective vehicles pose a serious risk to the safety and health of occupants. Airbag inflators from vehicles in the Class Action suit use gas and propellant to fill the airbag cushion during a crash. The ARC-made defective airbag inflators are manufactured through a friction-welding process, which fuses components of the airbag inflator using heat and rotation. ARC’s friction-welding process, however, inadequately joins the airbag inflator components together and creates excess weld flash, which can exit the inflator upon deployment or rupture the inflator entirely. Due to the location and proximity to vehicle occupants, the inflator defect places occupants at severe risk of bodily injury or death. 

The National Highway Traffic and Safety Administration’s conclusions followed a nearly eight-year investigation. During that time, there have been at least 10 known ruptures of the defective inflators in vehicles, including seven driver inflators and three passenger inflators. Two of those ruptures resulted in driver fatalities.

Based on known incidents in the field, NHTSA’s ongoing investigation, pre-release design and testing, and numerous vehicle manufacturer recalls, the defendants have long known about the inflator defect and the risk to consumer safety.

NHTSA has demanded that ARC recall the defective inflators to address the serious safety defect. Despite this demand, ARC refuses to issue any recall of the approximately 30 million affected vehicles for this failure mode.

If you or someone you know has experienced the inflator defect or has a defective ARC-made airbag inflator in their vehicle, our firm would like to speak with you.

This case is being pursued by Beasley Allen Consumer Fraud lawyers Dee Miles, Demet Basar, Clay Barnett, Mitch Williams, and Dylan Martin. 

The post Class Action Filed Over ARC Automotive-Manufactured Airbag Inflators appeared first on Beasley Allen.