~~**NEWS**~~ » filing his own individual lawsuit, he would tell

Hall of Fame quarterback Dan Marino has filed his own NFL concussion lawsuit. Marino, along with 14 other players, filed the lawsuit on May 28 in the U.S. District Court for the Eastern District of Pennsylvania. Marino joins a little under 5,000 retired NFL players and their families that have sued the league across approximately 225 concussion lawsuits. There have been many notable players that have filed lawsuits, including Tony Dorsett, Eric Dickerson, Mark Rypien, Tony Mandarich, Art Monk, Jim McMahon and Jamal Lewis, as well as the estate of the late Junior Seau. None, however, are as well known as Marino. The key allegation raised by Marino is the NFL concealed information. He is arguing that the NFL knew of the long-term neurological impact of headshots but failed to share those findings with the players. This issue of fraudulent concealment was also alleged in the other concussion lawsuits so its not new. Its tough to know if Marino will succeed as everything turns on the evidence presented at trial. To win, he will need to show that the NFL had key and important information about the long-term and devastating impact of headshots and concealed it. The NFL, however, has certain defences available to it. First, it can argue that players were aware of the risk associated with playing football and they agreed to those risks each time they stepped onto the field. The NFL would also maintain that they didnt conceal anything. As well, the NFL could point out that no one can say for sure what caused a players dementia, and even if it was caused by repeated headshots while playing football, how much of that damage was sustained outside the NFL in places like college or high school ball. So what caused the dementia and when it was caused become key issues. The NFL can also argue that Marinos lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, Marino would argue that since this case involves fraud in the form of concealment, it properly falls outside of arbitration and within the jurisdiction of the courts. Bottom line is this: both sides face challenges in this case and thats where we generally see settlement. All this is probably moot, as the league is working on finalizing a global settlement of these cases. You may recall that back in July 2013, the league announced it had settled the concussion lawsuits with the players. The negotiated settlement was for $765 million and would bind every retired NFL player, of which there are about 19,000. You should note, though, Marino is included among these players. So that means that Marino didnt need to file the lawsuit at this time. As well, while settlement was indeed announced, it was not finalized. Before the NFL can consider the case closed, the Court has to approve the terms of settlement. The problem is that on two separate occasions the Court has rejected the settlement on the basis that there is insufficient money to pay all players. As well, even if the Court were to approve the settlement, any of the 19,000 players would have the option to opt-out of the settlement agreement. If a player believes that he can do a lot better filing his own individual lawsuit, he would tell the court and the NFL thanks but no thanks, Im headed to court. The Marino lawsuit may suggest that he is tired of waiting around for a payout from the proposed settlement and wants to take matters into his own hands. Whatever Marinos motivation, these concussion lawsuits are likely to continue for years. In the event a global settlement is approved by the Court, it seems likely that a number of players will opt out and file their own lawsuits. Indeed, there is still a lot of track to cover. 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"He went down to the minor leagues and worked on things he needed to work on and, wow, this guy has come back to the big leagues and has been outstanding." Turners latest start, the 19th of his career, was the best yet. He allowed only one walk -- to start the ninth -- and threw 111 pitches, 77 for strikes. "He did a good job of moving the fastball on both sides of the plate," Padres manager Bud Black said. "He had some great movement on the fastball and threw some good breaking balls. Hes a fine young pitcher." Turner benefited from rare run support. The Marlins rank last in the majors in runs, but by the fourth inning they led 6-0. Giancarlo Stanton hit his eighth home run, Jeff Mathis had two RBIs and Placido Polanco became the 22nd active player to score 1,000 runs. The outburst came after the Marlins were outscored 20-3 while losing their first four games to San Diego this season. Eric Stults (6-6) gave up a season-high six runs, five earned, in 3 2-3 innings. The stint was his briefest as a starter since 2009. "I struggled with coommand of a lot of my pitches," Stults said.dddddddddddd "The good pitches I made, they were able to put the barrel on the ball and find some holes." By the ninth, the only drama was whether Turner would get the complete game. He was still throwing in the low 90s, but he walked the leadoff batter and figured another baserunner would end his night. "You try not to think about it, but its going to be there," said Turner, who acknowledged butterflies at the end. "I definitely wanted to finish the game." First baseman Ed Lucas made a backhanded stab of Will Venables two-hopper and tossed to Turner covering first for the final out. The victory came in a snappy 2 hours, 24 minutes. When Turner was asked about his postgame comment to Redmond, he shrugged sheepishly. Redmond chuckled when he recalled the remark. "I wasnt expecting that out of him," the manager said, "but I loved it." The Marlins took a 3-0 lead in the first inning. After Justin Ruggiano and Lucas singled, Marcell Ozuna hit an RBI single, and when the ball skipped past centre fielder Alexi Amarista for an error, Lucas also came home. Ozuna then scored on Polancos sacrifice fly. Miami added three runs in the fourth, when the first four batters reached. Adeiny Hechavarria hit an RBI single, and Mathis singled past a drawn-in infield to score two more runs. Venable tripled in the fifth and scored on Nick Hundleys double. Notes: RHP Henderson Alvarez, who pitched 7 2-3 scoreless innings in a rehabilitation start Friday for Double-A Jacksonville, will rejoin the Marlins and move into the rotation next week. ... SS Everth Cabrera (strained hamstring) is scheduled to begin a rehabilitation assignment with Single-A Fort Wayne on Tuesday, and he might rejoin the Padres on Thursday. ... Ozuna improved his average with runners in scoring position to .415 (22 for 53). ... The Padres fell to 10-4 in Miami since 2009. ' ' '