Drake Bell » m the wreck injured nearly 30 fans. It was a raci

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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The clubs former starting quarterback, assistant and head coach returned Thursday as its receivers coach.DAYTONA BEACH, Fla. - Regan Smith had the checkered flag in sight at Daytona a year ago and a freight train of cars in his rearview mirror. He moved high to throw a block on Brad Keselowski and it backfired badly. The desperate attempt to preserve the win triggered a 12-car accident, Kyle Larsons car sailed into the fence and debris from the wreck injured nearly 30 fans. It was a racing accident, nobodys fault. But Smith was racked with guilt. So it was sweet redemption Saturday when he nipped Keselowski at the finish line to win the Nationwide Series opener — finally, a year later — at Daytona International Speedway. "I think it hurt him deeply that the fans were involved in the accident," said Dale Earnhardt Jr., who along sister, Kelley and Rick Hendrick owns the JR Motorsports Chevrolet that Smith drove to victory. "I think that he personally and privately (bore) some responsibility for his involvement in the crash, just being in the crash, to have someone in the grandstands get hurt had to affect him tremendously. That was definitely probably one of the toughest things he went through personally as a driver." Smith said he went to dinner with Earnhardt after the accident and leaned on his boss. "Im fortunate that Ive got a boss who has been in a lot of different situations in this sport and understands a lot of different things over the years in Dale," Smith said. "He just basically said Youve got to shake it off, its racing and no fault of anybody. Circumstances sometimes happen. He offered up a lot of good advice in that situation. It did bother me. Id be lying if I said I didnt." Nothing bothered Smith on Saturday. He beat Keselowski by 0.013 for the second-closest finish at Daytona International Speedway and seventh closeest in series history.dddddddddddd It was the 300th victory for the Hendrick Motorsports engine shop. Keselowski said last years crash-marred finish never entered his mind as he plotted his strategy over the closing laps. Smith and Keselowski raced side-by-side at the front of the pack over the final two overtime laps. They were door-to-door exiting the final turn and Smith edged him at the line. "Im not that smart and Ive got a terrible memory," Keselowski said of not worrying about a repeat of last year. Trevor Bayne finished third, followed by Kyle Busch, winner of Friday nights Truck Series race, and his Joe Gibbs Racing teammate Elliott Sadler. Brendan Gaughan was sixth and followed by Ty Dillon. Earnhardt Jr., who was 11th, ran into the back of Joe Nemechek after the finish. He said he was being pushed by Kyle Larson and traffic slowed too quickly. It caused heavy damage to Nemechek and Ryan Siegs cars that Earnhardt said hed pay to repair. "We were slowing down. I was looking all around trying to figure out where everybody was at," he said. "Totally my fault. Really wasnt paying attention. I hate it for Joe and those guys cause they dont need to be tearing up race cars." NASCAR issued its first drafting penalty of the season 86 laps into race when James Buescher was called for push-drafting Keselowski. Bueschers car seemed to be under the rear of Keselowskis car for several seconds, which violates NASCARs ban on drafting. NASCAR vice-president of competition Robin Pemberton said the penalty was called because Buescher appeared to be the aggressor regardless of what the television angle showed. Keselowski said the penalty "set the tone for the rest of the race as far as what guys were looking at for driving their cars." ' ' '