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Thread: Patriots release Kyle Love - Can he sue?

  1. #1
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    Patriots release Kyle Love - Can he sue?

    The New England Patriots made a surprising roster decision Wednesday, releasing starting defensive tackle Kyle Love.

    Love was recently diagnosed with Type 2 diabetes, according to his agent, Richard Kopelman of KLASS Sports.

    "We have been informed by the New England Patriots that Kyle Love will be released NFI (non-football injury/illness)," Kopelman told ESPNBoston.com. "This comes on the heels of Kyle having been diagnosed within the past two weeks with Type 2 diabetes. Naturally, we are disappointed that the Patriots decided to part ways with Kyle, especially in light of the fact that a number of elite, professional athletes with diabetes -- both Type 1, which is known to be far more difficult to manage than Type 2 diabetes -- have had very successful careers in professional football, hockey, baseball, and basketball.
    http://espn.go.com/boston/nfl/story/...gland-patriots

    My question is, can he sue the Pats* under the ADA (Americans with Disabilities Act)?

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    Quote Originally Posted by chesapeakejet View Post
    http://espn.go.com/boston/nfl/story/...gland-patriots

    My question is, can he sue the Pats* under the ADA (Americans with Disabilities Act)?
    in a country where anyone can sue for anything, i am sure he can sue regardless of anything the league has done to protect itself for these types of cases. that being said, i am sure the pats have taken steps to make sure they are somewhat protected.

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    Quote Originally Posted by chesapeakejet View Post
    http://espn.go.com/boston/nfl/story/...gland-patriots

    My question is, can he sue the Pats* under the ADA (Americans with Disabilities Act)?
    Would be interesting, considering diabetes isn't really some debilitating disease. It can be well controlled with drugs that have few, if any, side effects. Should be a fascinating case study on ADA use in the NFL. Plus aren't there protections against cutting a player while they are injured? Does this disease qualify as injured?

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    Quote Originally Posted by chesapeakejet View Post
    http://espn.go.com/boston/nfl/story/...gland-patriots

    My question is, can he sue the Pats* under the ADA (Americans with Disabilities Act)?
    Doubt it.

    "Diabetes is a disability when it substantially limits one or more of a person's major life activities. Major life activities are basic activities that an average person can perform with little or no difficulty, such as eating or caring for oneself. Diabetes also is a disability when it causes side effects or complications that substantially limit a major life activity. Even if diabetes is not currently substantially limiting because it is controlled by diet, exercise, oral medication, and/or insulin, and there are no serious side effects, the condition may be a disability because it was substantially limiting in the past (i.e., before it was diagnosed and adequately treated). Finally, diabetes is a disability when it does not significantly affect a person's everyday activities, but the employer treats the individual as if it does. For example, an employer may assume that a person is totally unable to work because he has diabetes. Under the ADA, the determination of whether an individual has a disability is made on a case-by-case basis."

    Source: www.eeoc.gov

    Quote Originally Posted by TheMo View Post
    Plus aren't there protections against cutting a player while they are injured? Does this disease qualify as injured?
    This is the more interesting question. I'm not familiar w/ NFL rules regarding cutting injured players. If a lawsuit does arise, I believe this would be the basis (if the NFL rules for injured players applies). But if the Pats were really worried about this, I'm sure they sought the advice of their attorneys before acting (you would think).
    Last edited by JetBidi; 05-16-2013 at 10:28 AM.

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    Strongly doubt it.

    The NFL isn't Walmart. These guys are hired on there ability to physically perform at a high level.

    If an employee is laid off by Walmart because it is discovered he has a club foot, big law suit, don't see to many WR's with club feet.

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    Quote Originally Posted by JetBidi View Post

    This is the more interesting question. I'm not familiar w/ NFL rules regarding cutting injured players. If a lawsuit does arise, I believe this would be the basis (if the NFL rules for injured players applies). But if the Pats were really worried about this, I'm sure they sought the advice of their attorneys before acting (you would think).

    I think you can waive anybody you want, injured or healthy. If the player is injured and clears waivers (which often happens if he is seriously injured), then you either IR him or do an injury settlement with the player and release him.

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    Quote Originally Posted by flgreen View Post
    Strongly doubt it.

    The NFL isn't Walmart. These guys are hired on there ability to physically perform at a high level.

    If an employee is laid off by Walmart because it is discovered he has a club foot, big law suit, don't see to many WR's with club feet.

    Stephen Hill has club hands

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    Quote Originally Posted by Dirtstar View Post
    Stephen Hill has club hands
    Along with club feet.

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    EDIT: I may be wrong about this, and therefore, am a giant dick.

    Robert Kraft is a MAJOR role player for Monsanto, so, I would guess not a chance.

    They make their own laws and contaminate farmers' land with their genetically modified SHlT and then they turn and sue the farmers for "patent violations" and take their land from them!

    Scum of the Earth, owner of the New England Patriots*
    Last edited by Hitman Harris; 05-16-2013 at 11:23 AM.

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    Quote Originally Posted by Hitman Harris View Post
    Robert Kraft is a MAJOR role player for Monsanto
    Link??

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    I doubt it. NFL is a performance business. Don't they have injury settlements and insurance for these things?

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    Quote Originally Posted by AFCEastFan View Post
    Link??
    I might be wrong on that!
    I had always thought Kraft Foods was part of the Kraft Group...
    I saw *something* that said it was, and I've heard it from a lot of people, but I could definitely be wrong on that one!

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    Quote Originally Posted by Hitman Harris View Post
    EDIT: I may be wrong about this, and therefore, am a giant dick.

    Robert Kraft is a MAJOR role player for Monsanto, so, I would guess not a chance.

    They make their own laws and contaminate farmers' land with their genetically modified SHlT and then they turn and sue the farmers for "patent violations" and take their land from them!

    Scum of the Earth, owner of the New England Patriots*
    Woody Johnson owns Johnson & Johnson, and their Q-Tips get stuck in people ears all the time. SCUM!

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    Quote Originally Posted by FF2 View Post
    Woody Johnson owns Johnson & Johnson, and their Q-Tips get stuck in people ears all the time. SCUM!
    Yeah Yeah Yeah... I kicked myself in the nuts already, dick.

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    Quote Originally Posted by Hitman Harris View Post
    EDIT: I may be wrong about this, and therefore, am a giant dick.

    Robert Kraft is a MAJOR role player for Monsanto, so, I would guess not a chance.

    They make their own laws and contaminate farmers' land with their genetically modified SHlT and then they turn and sue the farmers for "patent violations" and take their land from them!

    Scum of the Earth, owner of the New England Patriots*


    Major player at Monsanto? Does Kraft run Vanguard, Fidelity or State Street? If not, not a player. Not a director.
    Monsanto has a lot of problems but Kraft has nothing involved there.

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    Quote Originally Posted by TheMo View Post
    Would be interesting, considering diabetes isn't really some debilitating disease. It can be well controlled with drugs that have few, if any, side effects. Should be a fascinating case study on ADA use in the NFL. Plus aren't there protections against cutting a player while they are injured? Does this disease qualify as injured?
    per the CBA it is a non-football illness, the union and the owners agreed on it.

  17. #17
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    and it is possible to play in the NFL with diabetes, but at the DT position it would be extremely unlikely. Jay Cutler has it, but he isn't 300+ pounds. Love will have to drop down in weight to manage this, which is unfortunate because I thought he was a pretty good player.

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    Quote Originally Posted by Hitman Harris View Post
    I might be wrong on that!
    I had always thought Kraft Foods was part of the Kraft Group...
    I saw *something* that said it was, and I've heard it from a lot of people, but I could definitely be wrong on that one!



    Kraft Foods is a combination of Nabisco, General Foods and Cadbury among others.
    What WAS Kraft recently became Mondelez. Kraft as a name was spun off to be a separate smaller entity.
    The Kraft brand has been around well over a 100 years.
    Bob Kraft has nothing to do with it except if he owns some shares.

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    Quote Originally Posted by JetBidi View Post
    Doubt it.

    "Diabetes is a disability when it substantially limits one or more of a person's major life activities. Major life activities are basic activities that an average person can perform with little or no difficulty, such as eating or caring for oneself. Diabetes also is a disability when it causes side effects or complications that substantially limit a major life activity. Even if diabetes is not currently substantially limiting because it is controlled by diet, exercise, oral medication, and/or insulin, and there are no serious side effects, the condition may be a disability because it was substantially limiting in the past (i.e., before it was diagnosed and adequately treated). Finally, diabetes is a disability when it does not significantly affect a person's everyday activities, but the employer treats the individual as if it does. For example, an employer may assume that a person is totally unable to work because he has diabetes. Under the ADA, the determination of whether an individual has a disability is made on a case-by-case basis."

    Source: www.eeoc.gov



    This is the more interesting question. I'm not familiar w/ NFL rules regarding cutting injured players. If a lawsuit does arise, I believe this would be the basis (if the NFL rules for injured players applies). But if the Pats were really worried about this, I'm sure they sought the advice of their attorneys before acting (you would think).
    You are talking about Type I diabetes, he has Type 2 which does not cause problems until it is far more advanced and then it might not limit athletic activity. I thought it was bizarre to let him go for that reason and figured there must be something else to this story.
    Jay Cutler has Type 1 diabetes and it sure hasn't restricted his play.
    Last edited by Vinny Testaverde's Niece; 05-16-2013 at 01:25 PM.

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    Quote Originally Posted by palmetto defender View Post
    Kraft Foods is a combination of Nabisco, General Foods and Cadbury among others.
    What WAS Kraft recently became Mondelez. Kraft as a name was spun off to be a separate smaller entity.
    The Kraft brand has been around well over a 100 years.
    Bob Kraft has nothing to do with it except if he owns some shares.
    Yes, that is what confused me, and apparently many others.

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