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NFL Players’ Lawsuit Against BB&T For Negligence Heads To Trial

Santana Moss (89) stands on the field before the start of the game against the San Francisco 49ers at Levi's Stadium. Mandatory Credit: Cary Edmondson-USA TODAY Sports

I have been provided the opportunity to sit in on a class taught by ESPN and Sports Illustrated writer Andrew Brandt that is called “Business and Legal Aspects of Professional Sports.” Brandt is teaching the class through Villanova University’s online offering, which makes it easy for anyone to access the content.

Santana Moss (89) stands on the field before the start of the game against the San Francisco 49ers at Levi's Stadium. Mandatory Credit: Cary Edmondson-USA TODAY Sports
Santana Moss is one of the plaintiffs in a pending lawsuit against BB&T. Photo Credit: Cary Edmondson-USA TODAY Sports

A couple of years ago, many former National Football League players including Ray Lewis, Santana Moss, Clinton Portis, Lito Sheppard and Fred Taylor filed a lawsuit against Branch Banking and Trust Company, more commonly known as BB&T.  The players claimed that BB&T wrongfully allowed for unauthorized withdrawals from their respective bank accounts and that some accounts were even opened in their names without permission.  These actions led to heavy losses for the players; they then sought relief through the filing of a legal action.

The original lawsuit asked for roughly $53 million in damages.  One of the plaintiffs, NFL running back Frank Gore, settled earlier this year for a major discount — $1,000.  His original claim was for $1.6 million, which was later increased to $3.4 million.

Now the remaining plaintiffs are heading to trial on their main claim that BB&T was negligent in allowing the unauthorized financial transactions.  The remaining plaintiffs have been dwindled down from sixteen to six players: Ray Lewis, Clinton Portis, Santana Moss, Lito Sheppard, Fred Taylor and Derrick Gaffney.  The two week trial has begun with a lengthy jury selection process in place.  Moss, Sheppard and Taylor have chosen to have a bench trial as opposed to having a jury decide the fate of BB&T.

The plaintiffs will be required to prove that BB&T owed them a duty of care to act in a certain manner to otherwise protect the players from the claimed wrongful distributions of their monies.  Thereafter, they will need to show that BB&T breached that duty by failing to exercise reasonable care and that but for BB&T’s wrongful action, the players’ damages would not have occurred.  Finally, they must demonstrate that BB&T should have foreseen the harms that would result from their allegedly wrongful actions, and that the players have been actually damaged.  The final element should be the easiest to prove for the plaintiffs.

 

If you’re interested in learning more about Villanova’s online sports program, please visit VillanovaU.com/SABSponsor.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.