The number of former National Football League players who are objecting to a $50 million settlement over the league's longtime use of their names and images without compensation seems to be growing.
But a federal judge in St. Paul complained loudly Wednesday over how they are going about it.
U.S. District Judge Paul Magnuson criticized lawyers for former NFL players Curley Culp and the late Jack Tatum, saying their new lawsuits were jeopardizing a proposed settlement the judge is overseeing. The two new lawsuits together have more than 500 former NFL players as plaintiffs, including many well-known players such as John Riggins, Forrest Gregg and former Vikings stars Joe Kapp and Ron Yary.
"I see this thing, and I will tell you counsel, it just plain shocks my conscience," the judge said. "I don't like it."
Former NFL players had until Aug. 30 to opt out of the proposed settlement, but a list of how many have done so has not yet been made public. The new lawsuits were the clearest sign that the number of those opting out is at least in the hundreds — the league has roughly 20,000 retired players — and might climb higher. The more players who formally opt out, and complain that the settlement reached in March is flawed and the $50 million is not enough, the more the settlement could be in jeopardy.
"There's been an explosion of opt outs since the filing of the Culp case," Dan Gustafson, an attorney representing the settlement, told the judge Wednesday.
Magnuson said the new lawsuits were only confusing an already complicated issue, and said a former player might not be officially opted out "until I say you're opted out." The judge told lawyers who have filed the newest lawsuits that "I am really concerned that you have got the cart before the horse."
Magnuson said he planned to issue a ruling Thursday to try to clarify the issue.
