Groom Law Group Stays In Ex-Patriots Player’s NFL Benefit Action

Groom Law Group will continue to represent the National Football League’s retirement plan in a lawsuit brought by a former running back who said the plan cheated him on disability benefits and sought disqualification of counsel, a federal judge in Texas ruled.

Michael Cloud, who played for the New England Patriots’ 2004 Super Bowl-winning team, sued the plan for allegedly denying him a full and fair review of his disability benefit claim. The plaintiff said he had suffered several concussions, as well as back and neck injuries, during his career.

The plaintiff moved to disqualify Groom Law Group, one of the firms representing the plan, arguing that the firm “created the Plan and administers the plan.” At the very least, Cloud argued in the September filing, Groom Law Group is a “material witness in this lawsuit” and therefore can’t serve as counsel.

But Judge Karen Gren Scholer of the U.S. District Court for the Northern District of Texas denied that motion Oct. 8. The judge held that the lawyer-as-witness rules “do not apply to this case” because there’s no jury.

The court further held that Cloud didn’t meet his burden to show that Groom Law Group lawyers are “necessary witnesses.” The information that Cloud listed as necessary from Groom Law Group is also available from the plan’s board, according to the judge.

The court further held that the bid for disqualification of all the firm’s attorneys was improper because another lawyer from the firm could serve as counsel if the original attorneys are called to be witnesses.

The plaintiff is represented by Barlow Garsek & Simon LLP. The Bert Bell/Pete Rozelle NFL Player Retirement Plan is represented by Groom Law Group and Munsch Hardt Kopf & Harr PC.

The case is Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, N.D. Tex., No. 3:20-cv-01277, 10/8/21.