Full opinion text
ORDER DOTY, District Judge. BACKGROUND Plaintiffs filed the present antitrust class action on September 21, 1992, less than two weeks after a jury rendered its verdict in McNeil v. National Football League, Civ. No. 4-90-476, 1992 WL 315292 (D.Minn. Sept. 10, 1992) (special verdict). The present action, McNeil, and most of the other litigation that the parties seek to resolve by the global settlement referenced herein, challenge various NFL player rules, including the right of first refusal/compensation component of Plan B, the college draft, the NFL Player Contract and the preseason pay rules. For many years, those and other rules have been the source of numerous disputes between players and the NFL. The five named plaintiffs filed the present case on behalf of themselves and all other past, present, and future NFL players similarly situated during the period specified in the second amended complaint. Defendants are the National Football League and its twenty-eight member clubs. The complaint, which originally sought only injunctive relief, was amended to seek both antitrust injunctive relief and damages stemming from the operation of the right of first refusal rules of Plan B, the college draft, the NFL player contract and the preseason pay rules. The second amended complaint also alleges that defendants illegally fixed players’ medical insurance benefits and tortiously interfered with players’ prospective contracts. Defendants answered the complaint, denying all of plaintiffs’ material allegations and asserting various affirmative defenses and counterclaims. On October 15, 1992, plaintiffs moved for a preliminary injunction that would have barred defendants from enforcing the right of first refusal/compensation rules of Plan B, or imposing any other player reservation system, on veteran NFL players whose contracts were to expire on February 1, 1993. Defendants opposed that motion, which was still pending when the parties, with the assistance of this court, reached a tentative agreement to settle this action on January 6,1993. By order dated January 6,1993, as amended and reaffirmed on February 17, 1993, the court certified, for the purposes of settlement, a damages and injunctive relief class pursuant to Federal Rule of Civil Procedure 23(b)(1) consisting of: (i) all players who have been, are now, or will be under contract to play professional football for an NFL club at any time from August 31,1987 to the date of final approval of the settlement of this action and the determination- of any appeal therefrom, and (ii) all college and other football players who, as of August 31,1987, through the date of final approval of the settlement of this action and the determination of any appeals therefrom, have been, are now, or will be eligible to play football as a rookie for an NFL team. ' See White v. National Football League, Civ. No. 4-92-906, slip op. (D.Minn. Jan. 6, 1993) (entered nunc pro tunc); White v. National Football League, Civ. No. 4-92-906, slip op. (D.Minn. Feb. 17, 1993); Pls.’ Second Am. Compl. at 8. Those mandatory class certification orders have provided a vehicle for the settlement of, among other things, all player challenges to the Plan B veteran player reservation rules, the college draft and the preseason pay rules. The settlement is the critical step toward the final resolution of the longstanding dispute between the NFL clubs and their player-employees. On February 26,1993, plaintiffs and defendants entered into a Stipulation and Settlement Agreement, which encompasses the terms of the proposed settlement and is designed to bring an end to the present action and a wide range of related litigation. In an order dated February 26, 1993, based on its review of the file, record and proceedings to date, this court preliminarily approved the proposed settlement as fair, reasonable and adequate, specifically finding that: 1. The proposed settlement adequately addresses plaintiffs’ predominant claim for relief, namely structural, injunctive relief because it will radically alter the NFL’s system of player restraints and provide unprecedented free agency to NFL players. 2. The proposed settlement also adequately addresses plaintiffs’ claim for monetary recovery, because it will provide for substantial payments to be distributed fairly among the named plaintiffs and class members in settlement of their past claims against the NFL and its teams. 3. There are substantial novel and complex legal and factual issues involved in this case, precluding any guarantee as to certainty of outcome. 4. The establishment of damages would be uncertain, difficult, costly, and extremely time-consuming. 5. The establishment of plaintiffs’ claims regarding preseason compensation are uncertain and are subject to counterclaims that may substantially affect the likelihood of any recovery. 6. Given the long history of this dispute, the parties are uniquely positioned to assess the overall reasonableness of the proposed settlement. 7. The proposed settlement was the product of good faith bargaining at arm’s length between the parties. 8. Class Counsel is adequately representing the interests of the named plaintiffs and all class members. See White v. National Football League, Civ. No. 4-92-906, slip op. at 2-3 (D.Minn. Feb. 26, 1993). In accordance with Federal Rule of Civil Procedure Rule 23(e), the court ordered plaintiffs, at their own expense, to send written notice by mail to class members. The court also ordered plaintiffs to publish a summary notice in USA Today. Those notices, which were approved by the court, described the terms of the proposed settlement and informed all class members that a final approval hearing would be held on April 16, 1993, to determine whether the proposed settlement was fair, reasonable and adequate. The notices also informed class members that they had a right to submit written objections and to appear at the final approval hearing, in person or by counsel, to be heard in support of, or in opposition to, the settlement, or make any other statement of their position concerning the settlement. See Notice of Class Action Settlement and Summary Notice. Following a resolution of the Board of the National Football League Players Association (the “NFLPA”) to seek to become the collective bargaining representative of NFL players, in mid-January 1993, the NFLPA began to collect authorization cards from NFL players designating it as the exclusive collective bargaining representative of NFL players. By letter dated March 23, 1993, the NFLPA informed the NFL that: [a] majority of the players on 1992 season-ending rosters have now signed cards authorizing the NFLPA to represent them for purposes of collective bargaining. (Letter from Richard A. Berthelsen to Paul Tagliabue dated March 23, 1993.) After confirmation of the authenticity of the cards by an independent entity, the American Arbitration Association, the NFL voluntarily recognized the NFLPA as the exclusive collective bargaining representative of the NFL players. (Letter from Harold Henderson to Eugene Upshaw dated March 29, 1993.) Since March 31, 1993, the NFLPA and representatives of the NFL Management Council, the multi-employer bargaining unit of the NFL owners, have been negotiating in an effort to reach a new collective bargaining agreement. As of the date of the final approval hearing, April 16, 1993, those negotiations remained ongoing. This case is presently before the court on the motion of the parties for final approval of the Stipulation and Settlement Agreement, which fundamentally revises many of the employment practices at issue in this litigation. The five representative plaintiffs (all of whom are active or former NFL players), class counsel, representatives of the NFLPA, and at least twenty-eight of the twenty-nine defendants view the proposed settlement as a fair, reasonable and adequate method of resolving this litigation. All of those parties believe that the proposed settlement advances and protects the interests of all class members, and provides the framework for labor peace within the NFL after almost six years of strife. The court has an extensive record on which to evaluate the fairness, reasonableness and adequacy of the proposed settlement. In addition to voluminous submissions made by the parties in support of preliminary and final approval of the proposed settlement, the court has extensive knowledge of the issues involved in this litigation as a result of more than five years of experience presiding over the present action and its predecessors. In addition to the record in the present action, the court has full access to, and intimate familiarity with, the records in Powell, McNeil, Five Smiths v. National Football League, 788 F.Supp. 1042 (D.Minn. 1992), National Football League v. National Football League Players Ass’n & Hilton, Civ. No. 4-91-877 (D.Minn. filed Oct. 15, 1991), and Jackson v. National Football League, 802 F.Supp. 226 (D.Minn.1992). Of particular help to the court is the record in McNeil, which includes the McNeil trial transcript, comprising more than 8400 pages, and the evidence received in McNeil, which includes over 400 trial exhibits. The testimony and evidence received in the foregoing cases has also been supplemented by arguments of counsel and numerous legal memoranda. In a total class of well over 5,000 players, seventy-three objections were filed on behalf of active or former NFL players. In addition, objections were filed on behalf of one NFL member club, the Philadelphia Eagles, sixteen college players, and one player agent. The court’s evaluation of the proposed settlement must necessarily proceed in light of the McNeil jury verdict. Following a ten-week trial, from June 15 to September 10, 1992, the jury returned its special verdict, finding that the Plan B right of first refusal/compensation rules (1) had “a substantially harmful effect on competition in the relevant market for the services of professional football players”; (2) “significantly contribute^] to competitive balance in the NFL”; and (3) were “more restrictive than reasonably necessary to achieve ... competitive balance.” See McNeil v. National Football League, Civ. No. 4-90-476, 1992 WL 315292, at *1 (D.Minn. Sept. 10, 1992) (special verdict form). Although the jury found that all plaintiffs had suffered antitrust injury, it awarded damages to only four of the eight plaintiffs in the total amount of $543,000, before trebling. See id. Because the parties reached a tentative agreement to settle the present litigation before the court entered final judgment in McNeil, defendants were unable to file an appeal. Thus, neither the liability nor damages issues in McNeil have been finally resolved. Defendants believe that an appeal of the McNeil verdict would present complex and unsettled questions, regarding the NFL’s antitrust liability arising from the operation of Plan B including, among other things, the scope of the nonstatutory labor exemption, the application of the rule of reason under Section 1 of the Sherman Act, and the court’s instructions regarding burden of proof and antitrust injury. Although plaintiffs disagree with defendants’ position, the court notes that the foregoing issues are complex and difficult, and thus present significant issues for appellate review. The nature and extent of damages that plaintiffs or other class members might recover as a result of the operation of Plan B would also be subject to significant uncertainties. In McNeil, the only Plan B case tried to date, the jury made clear that such damages are difficult to prove, awarding monetary damages to only four of the eight plaintiffs despite the fact that it found all eight had suffered economic injury as a result of the Plan B rules. McNeil, 1992 WL 315292, at *1-2; see also Jackson v. National Football League, 802 F.Supp. 226, 231 (D.Minn.1992) (many economic injuries alleged by professional football players “may be impossible to quantify in monetary terms”, a difficulty “further confirmed by the jury’s [verdict] in McNeil ”). The court further notes that the McNeil plaintiffs proffered substantial evidence to support their damage claims. Based on the extensive evidence and argument presented during the settlement approval process, as well as the entire records in Powell, McNeil, Five Smiths, Hilton, Jackson and White, the court has been afforded a comprehensive view of the workings of the NFL and the employment practices of its member clubs, the collective bargaining and labor relations history within the NFL, the nature and effects of the right of first refusal/eompensation rules and other player-related rules, the terms of the proposed settlement and the nature and likely effect of the proposed NFL player rules. Against this background, and for the reasons stated below, the court grants the motions for approval of the Stipulation and Settlement Agreement, overrules all objections to the settlement, grants defendants’ motions to enjoin various other cases and denies the motions to intervene except to the extent that various movants shall be permitted to intervene as intervenor-objeetors solely for purposes of preserving their right to appeal the judgment entered by this court in connection with the Stipulation and Settlement Agreement. I. PROPER NOTICE WAS GIVEN TO THE CLASS OF THE PROPOSED CLASS CERTIFICATION. AND SETTLEMENT 1.1 The court has evaluated whether the proposed settlement is fair, reasonable and adequate using the two-stage procedure suggested in the Manual for Complex Litigation, § 30.44, at 241-42 (2d ed. 1985). The first stage involved the court’s preliminary determination of whether the proposed settlement was “within the range of possible approval,” and whether class members should be notified of the terms of the proposed settlement and the date of a final fairness hearing to determine whether the court should grant final approval. On February 26,1993, the court determined that the proposed séttlement fell within the range of possible approval, and thus the class should be notified of its terms and the date on which the court would conduct a final fairness hearing, April 16, 1993. The second stage of the court’s settlement evaluation process involved sending notice to the class, which described the settlement and allowed class members to file objections to the settlement prior to the final approval hearing. The notice further provided that objectors would have an opportunity to appear and be heard at the final approval hearing. 1.2 As the court previously ruled in its February 26, 1993, order granting preliminary approval, notice of the proposed settlement and of the final approval hearing on April 16,1993, was proper and adequate as to timing, content and means of transmission. 1.3 Class members were given extensive and proper court-approved notice of the proposed class certification and settlement. The objectors had an adequate and reasonable opportunity to formulate and present meaningful objections to the proposed settlement. In all, nearly five weeks were available for the preparation and filing of objections between preliminary approval of the proposed settlement on February 26, 1993, and the deadline for filing such objections on April 2, 1993. Some four weeks were available between the publication of the Summary Notice in the March 8, 1993, edition of USA Today, and the deadline for filing objections. Finally, a full three weeks were available for the preparation and filing of objections between the initial mailing of the Notice of Class Action Settlement on March 12, 1993, and the April 2, 1993 filing deadline. 1.4 With respect to the formal fairness hearing on April 16, 1993, the following notice was given: (a) On March 12, 1993, court-approved notice of the April 16, 1993, hearing and summary of the terms of the proposed settlement was mailed by first-class mail, postage prepaid, to all persons whom the parties were able to determine, through their best efforts, are class members, and with respect to whom the parties have been able to obtain a current or last-known mailing address. (b) Court-approved Summary Notice of the April 16, 1993, hearing was also published in the March 8, 1993, edition of USA Today, a daily national newspaper, with a circulation of approximately 1,840,000. 1.5 The court finds that the mailed and published notices clearly satisfy both Rule 23 and due process requirements. Overall, approximately 5,300 notices were mailed to potential class members, including 4,957 notices to current or former NFL players, and 343 notices to graduating college players who attended the NFL’s 1993 Rookie Combine in Indianapolis. Of those, a total of 458, or less than ten percent, were returned by the Postal Service as undeliverable. Of the 458 returned notices, 300 were re-mailed to newly located addresses. Mailed notice was directed to the current or last-known addresses of 2,507 of the approximately 2,902 class members (almost eighty-seven percent) entitled to money distributions from the settlement fund. In addition to the Notice of Class Action Settlement, each mailed notice also included an estimate of the settlement payment, if any, that the class member was due to receive. See Grunin v. International House of Pancakes, 513 F.2d 114, 121 (8th Cir.) (“individualized notice by mail to the last known address [is] the ‘best notice practicable’ in a class action contest”, quoting Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 174-77, 94 S.Ct. 2140, 2151-52, 40 L.Ed.2d 732 (1974)), cert. denied, 423 U.S. 864, 96 S.Ct. 124, 46 L.Ed.2d 93 (1975). 1.6 The court finds that the mailed and published notices of the April 16, 1993, hearing were reasonably calculated, under all of the circumstances of NFL football, to apprise interested parties of the proposed settlement and afford them an opportunity to present their objections. See, e.g., Reynolds v. National Football League, 584 F.2d 280, 285 (8th Cir.1978); Grunin, 513 F.2d at 120 (“the mechanics of the notice process are left to the discretion of the court subject to the broad ‘reasonableness’ standards imposed by due process” (citations omitted)). The mailed and published notices fairly, reasonably and adequately conveyed to class members the requisite information concerning the proposed settlement, and afforded a reasonable time in which class members could formulate and file their objections, if any, to the proposed settlement. See id. at 121; cf. 2 Herbert Newberg & Alda Conte, Newberg on Class Actions § 11.57, at 11-140 (3d ed. 1992) (“the period from receipt of notice until the actual settlement hearing is often 30 days or less”). 1.7 The Eighth Circuit has further noted that “[cjlass members are not expected to rely on the notices as a complete source of settlement information.” Grunin, 513 F.2d at 122 (citation omitted). As the notices suggested, class members could, and many did, obtain complete copies of the underlying documents from the court, and obtain further explanation of the proposed settlement from class counsel, the NFLPA, or their own agents or attorneys. See id. at 122 (due process does not require that a copy of the entire proposed settlement agreement be included with the mailed notice). 1.8 Moreover, in addition to the court-ordered notice, the NFLPA and class counsel have provided significant additional notice of the settlement to thousands of class members and their representatives. (Berthelsen Supp.Aff. ¶¶ 22-25); see Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989, 1977 WL 1497, at *7 (circumstances that increase the effectiveness of published notice to professional football players include “the fact that many class mémbers are represented by agents or attorneys who stay conversant with player-club developments”). Specifically, in early February, the NFLPA mailed information regarding the proposed settlement agreement to 670 player agents who represent approximately ninety-five percent of all NFL players;' on March 1,1993, the NFLPA conducted a seminar concerning the settlement which was attended by approximately 175 of those agents; and on March 9, 1993, the NFLPA mailed all of those agents a copy of the court-ordered notice. (Berthelsen Supp.Aff. ¶ 24.) The NFLPA also conducted numerous meetings with NFL players in which it explained and answered questions concerning the Settlement Agreement. Representatives of the NFLPA have also spoken to hundreds of players and agents on the phone about the proposed settlement. The notice provided directly to class members was thus far broader than that required by the court’s order of February 26, 1993. 1.9 Finally, in addition to the notice provided to class members directly by the parties and the NFLPA, the Settlement Agreement has received extensive media coverage, affording class members with substantial additional notice. Immediately after reaching a settlement in principle on January 6, 1993, the parties released a joint press statement setting forth the major points of the parties’ agreement. As a result, over the next few days, virtually every major newspaper in the United States printed extensive descriptions of the proposed settlement. Since then, there have been hundreds of newspaper and magazine articles and television and radio reports discussing the settlement. Over the past three and one-half months, there has been nearly daily coverage reviewing the terms and operation of the Settlement Agreement. In Alexander, the court recognized that such media coverage increases the effectiveness of the formal notice provided by the parties. 1977-2 Trade Cas. (CCH) ¶ 61,-730, at 72,989, 1977 WL 1497, at *7. As evidence of this, the court noted at the final fairness hearing that at least one objector, Wilber Marshall, filed his objection prior to formal notice being mailed or published. White, Transcript of Final Fairness Hearing at 14 (Apr. 16, 1993). 1.10 Based on the foregoing, and all other evidence before the court, the court finds that pursuant to the requirements of Rule 23 and due process, proper notice of the proposed class certification and terms of the settlement was given to class members. II. A DEFINABLE CLASS EXISTS THAT SATISFIES THE REQUIREMENTS OF FEDERAL RULE OF CIVIL PROCEDURE 23(b)(1) 2.1 Federal Rule of Civil Procedure 23(a) explicitly sets forth four prerequisites to class certification: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the class representatives are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. Two additional implicit requirements of Rule 23(a) are: “(1) the existence of a precisely defined class; and (2) that the class representatives are members of the proposed class.” Powell v. National Football League, 711 F.Supp. 959, 966 (D.Minn.1989) (citation omitted); see also In re Worker’s Compensation, 130 F.R.D. 99, 103 (D.Minn.1990); 7A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure §§ 1760-61 (2d ed. 1986). 2.2 In addition to meeting the requirements of Rule 23(a), the proposed class must also satisfy one of the three subsections of Rule 23(b), specifically that: (1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or (B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 2.3 The requirements for class certification are more readily satisfied in the settlement context than when a class has been proposed for the actual conduct of the litigation. See, e.g., Bowling v. Pfizer, Inc., 143 F.R.D. 141, 157-58 (S.D.Ohio 1992) (“[t]he rationale behind the loosening of the requirements is to encourage sweeping settlements of complex disputes”); In re A.H. Robins, 85 B.R. 373, 378 (Bankr.E.D.Va.1988), aff'd, 880 F.2d 709, 738-40 (4th Cir.), cert. denied, 493 U.S. 959, 110 S.Ct. 377, 107 L.Ed.2d 362 (1989); see also 2 Herbert Newberg & Alba Conte, Newberg on Class Actions § 11.28, at 11-57 & n. 142 (3d ed. 1992) (citing Robins). A. Definability 2.4 The court determines that in the present case, a definable settlement class exists consisting of: (1) all players who have been, are now, or will be under contract to play professional football for an NFL club at any time from August 31,1987, to the date of final approval of the settlement of this action; and (2) all college and other football players who have been, are now, or will be eligible to play football as a rookie for an NFL team at any time from August 31, 1987, to the date of final approval of the settlement of this action. 2.5 That class is neither amorphous nor imprecise, and is substantially identical in nature to classes that previously have been certified in cases challenging restraints on competition for player services in professional sports leagues that resulted in analogous class-wide settlements. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,985, 1977 WL 1497, at *2 (D.Minn.1977) (discussing its certification of a class consisting of “all professional football players who have been under contract to one or more NFL clubs at any time from September 17, 1972, to March 1, 1977”), affd sub nom. Reynolds v. National Football League, 584 F.2d 280, 283-84 (8th Cir.1978) (in addition to damage claims, noting the broad scope of injunctive relief originally sought in Alexander, although such relief ultimately became unnecessary when a collective bargaining agreement was reached); Bridgeman v. National Basketball Ass’n, Civ. No. 87-4001, slip op. (D.N.J. Apr. 18, 1988); Robertson v.. National Basketball Ass’n, 389 F.Supp. 867, 900-01 (S.D.N.Y.1975), aff'd, 556 F.2d 682, 685 (2d Cir.1977). 2.6 The settlement class is well defined and discrete because all individuals who have been under contract or eligible to play for an NFL team as a rookie since August 31, 1987, are readily identifiable by name. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989, 1977 WL 1497, at *7 (citing Robertson, 389 F.Supp. at 897); accord Powell, 711 F.Supp. at 968-69. The court further determines that this prerequisite is not defeated by the inclusion of a well-defined group of players who will enter or become eligible to enter the NFL in the future because the court will be able to determine, at any given time, whether a particular individual is a member of the White class. Robertson, 389 F.Supp. at 896-97 (“the fact that fifty to a hundred more [players] may be joining the class does not make it unmanageable”); cf. Probe v. State Teachers’ Retirement Sys., 780 F.2d 776, 780 (9th Cir.) (“[t]he fact that [a mandatory] class includes future members does not render the class definition so vague as to preclude certification” (citation omitted)), cert. denied, 476 U.S. 1170, 106 S.Ct. 2891, 90 L.Ed.2d 978 (1986). B. Representativeness 2.7 The named plaintiffs were all under contract to an NFL team, and subject to the challenged system of player restraints, during the relevant period. Thus, they are all members of the settlement class they seek to represent. C. Numerosity 2.8 As the settlement class consists of more than 5000 persons who are widely dispersed throughout the United States, joinder is impracticable. Powell, 711 F.Supp. at 969; State of Minnesota v. United States Steel Corp., 44 F.R.D. 559, 566 (D.Minn.1968) (requirement met where “problems of management and administration would be rendered extremely cumbersome and difficult by joinder of all absentee members”); Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989, 1977 WL 1497, at *8. D. Commonality 2.9 Commonality “does not require that every question of fact or law be common to every member of the class”; rather, the requirement is met where the questions linking the class members are “ ‘substantially related to the resolution of the litigation even though the individuals are not identically situated.’ ” Paxton v. Union Nat’l Bank, 688 F.2d 552, 561 (8th Cir.1982) (citations and quotation omitted), cert. denied, 460 U.S. 1083, 103 S.Ct. 1772, 76 L.Ed.2d 345 (1983); Hedge v. Lyng, 689 F.Supp. 884, 889-90 (D.Minn.1987) (requirement satisfied where the plaintiff challenged the validity of rules that were common to the class). Differences in the amount of monetary recovery to which particular class members may be entitled also do not defeat the propriety of class certification of a settlement class. Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 1977 WL 1497, at *9 (“[ujnder the proposed settlement, members of the class will receive different settlement payments based on certain factors, but this difference in payment will not bar class status”); Robertson, 389 F.Supp. at 898 n. 57 (difference in individual settlement damages will not preclude class certification); cf. Brown v. Pro Football, Inc., 146 F.R.D. 1, 2 (rejecting NFL defendants’ motion to decertify a player class based on defendants’ contention that “all that remains is the individualized issue of damages”). 2.10 The claims of each member of the settlement class involve common questions of law and fact. Defendants have imposed various rules “in substantially identical manner to all players within the NFL.” Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989, 1977 WL 1497, at *8. Thus, each member of the class was, or would have been, subject to the same system of player restraints, which operated to prevent them from freely offering their services to NFL teams in a competitive market. The court therefore determines that the commonality requirement is satisfied. Id.; Powell, 711 F.Supp. at 969; Robertson, 389 F.Supp. at 898. E. Typicality 2.11 The claims of the named plaintiffs are typical of the claims of the settlement class. The “typicality” requirement is met “ ‘if the claims or defenses of the representatives and the members of the class stem from a single event or are based on the same legal or remedial theory.’ ” Paxton, 688 F.2d at 561-62 (quotation omitted); In re Workers’ Compensation, 130 F.R.D. at 105. In other words, the named plaintiffs must have the same or similar grievances as the members of the class. Dirks v. Clayton Brokerage Co., 105 F.R.D. 125, 133 (D.Minn. 1985) (citing Donaldson v. Pillsbury, 554 F.2d 825, 830 (8th Cir.), cert. denied, 434 U.S. 856, 98 S.Ct. 177, 54 L.Ed.2d 128 (1977)). In the present case, the named plaintiffs and class members either have been, or would have been, subject to the same system of restraints. Thus, all players have a similar interest in altering that existing system. Robertson, 389 F.Supp. at 898. Moreover, “the complaint alleges no claims peculiar to the named plaintiffs.” Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 1977 WL 1497, at *8. The court thus concludes that for settlement purposes, the typicality requirement is met. Id.; Robertson, 389 F.Supp. at 898; cf. Powell, 711 F.Supp. at 969. F. Adequacy Of Representation 2.12 The purpose of the “adequacy” requirement is to ensure that the class representatives “will vigorously prosecute the interests of the class.” Paxton, 688 F.2d at 562-63; In re Workers’ Compensation, 130 F.R.D. at 107. The requirement has two elements: (1) that the class representatives and their counsel will competently and vigorously prosecute the lawsuit; and (2) that the interests of the class representatives are not adverse to those of the class members. Paxton, 688 F.2d at 562-63; In re Workers’ Compensation, 130 F.R.D. at 107. 2.13 The court first finds that plaintiffs’ counsel have the experience and competence to provide adequate representation to all class members, as evidenced by their performance on behalf of player plaintiffs in a number of analogous cases, including Alexander and Robertson> as well as Powell, McNeil, Hilton, Jackson and Five Smiths, all of which were before this court. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,-730, at 73,006, 1977 WL 1497, at *32 (noting that prior expertise exists to “a remarkable degree” where counsel served as chief attorney in both Mackey and Alexander). 2.14 Several objectors contend, however, that class counsel’s loyalty to the class has been compromised as a result of counsel’s representation of the NFLPA, as well as individual players, in various other lawsuits. The eoui't concludes, however, that class counsel’s participation in other, closely related lawsuits which have been also supported by the NFLPA, does not create any conflict between class counsel and members of the class. In fact, rather than creating conflict, the experience gained thereby was likely a prerequisite to the parties’ ultimate agreement to settle. Moreover, the global nature of the settlement reflects the interrelationship of the players’ struggle, which was supported both by individual players and the NFLPA. Indeed, two of those actions, McNeil and Jackson, were crucial to the present class action settlement. In the Alexander class action settlement, the court approved a settlement in which class counsel also functioned as counsel to the NFLPA, finding that such representation did not render class counsel inadequate or impair the negotiated settlement of the various class claims. Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 73,002, 1977 WL 1497, at *8, *27 (in approving settlement, noting that NFLPA funded both Alexander and Mackey, and that class counsel also represented the NFLPA). After presiding over lengthy litigation in which class counsel represented both players and the NFLPA, the court similarly determines that class counsel competently and vigorously represented the interests of both individuals players, as in McNeil and Jackson, and class members, as in Powell and the present action. 2.15 The NFLPA has paid most of class counsel’s fees as they have accrued, and class counsel will not seek recovery from the class settlement fund. (Quinn Aff. ¶ 72; Berthelsen Aff. ¶¶ 18-19.) The court therefore rejects any contention that class counsel’s interest in recovering attorneys’ fees has prevented them from adequately representing the class. Cf. Enterprise Energy Corp. v. Columbia Gas Transmission Corp., 137 F.R.D. 240, 250-51 (S.D.Ohio 1991) (approving attorneys’ fees of $5,000,000 where class recovery totalled $56,600,000, and noting that “percentages awarded in common fund cases typically range from 20 to 50 percent of the common fund created”). 2.16 Several objectors argue that the class members’ interests are adverse because the class is comprised of players in different stages of their careers, contending that there are conflicts between rookies and veterans, and between veterans with different levels of seniority. This, however, is not the type of adversity which precludes class certification. No matter what stage a player is in his career, defendants have imposed various rules “in substantially identical manner to all players within the NFL.” Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989, 1977 WL 1497, at *8. Moreover, players obviously do not remain at the same level of seniority; as their careers progress, they will all be subject to the same series of rules. Thus, all veteran players were at one time rookies subject to the same college draft, and all veteran players have been subject to either the Plan B right of first refusal/eompensation rules, or one of its predecessors. Thus, on numerous occasions, courts have certified settlement classes consisting of all players in a particular sports league. Id. at 72,989-92, 1977 WL 1497, at *8-10; Robertson, 389 F.Supp. at 896-903; Powell, 711 F.Supp. at 966-69. 2.17 Moreover, no matter what level of seniority, all class members share a common interest in the form and substance of the NFL’s player rules, and all class members share a similar interest in the future of the NFL. Cf. Robertson, 389 F.Supp. at 899 (even former players were concerned about the National Basketball Association’s future). Although the free agency rules set forth in the proposed settlement vary depending on players’ seniority, that distinction does not create adverse interests within the class because those rules relate solely to the remedy, not to the subject matter, of the present litigation. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 1977 WL 1497, at *9 (citing Sperry Rand Corp. v. Larson, 554 F.2d 868, 874 (8th Cir.1977)). The court further determines that variations in settlement payments based on various factors, such as the length of time a player was restricted under Plan B, do not preclude class treatment. Id. (approving class settlement where similar point system resulted in differing class settlement amounts); Robertson, 389 F.Supp. at 898 n. 57. 2.18 Various objectors contend that the interests of absent class members have been “sacrificed” in order to secure special benefits for the named plaintiffs. Although the propriety of rewarding named plaintiffs has been “rigorously debated”, 2 Herbert Newberg and Alda Conte, Newberg on Class Actions § 11.38, at 11-80 (3d ed. 1992), such “preferential treatment ... must be viewed in the context of [the] litigation.” In re Jackson Lockdown/MCO Cases, 107 F.R.D. 703, 709 (E.D.Mich.1985). The court must examine the settlement “closely to ensure that the named plaintiffs have fairly represented the interests of the class.” Luevano v. Campbell, 93 F.R.D. 68, 89 (D.D.C.1981). Courts, however, routinely approve such awards for class representatives who expend special efforts that redound to the benefit of absent class members. See, e.g., Thornton v. East Texas Motor Freight, 497 F.2d 416, 420 (6th Cir.1974) (approving greater awards for those who took a more active role in seeking class relief); Enterprise Energy Corp., 137 F.R.D. at 250 (approving class representative “incentive awards” where named plaintiffs took steps to protect interests of class members, thereby effectuating “a Settlement that provides substantial economic and non-economic benefits to the Class Members”); In re Jackson Lockdown/MCO Cases, 107 F.R.D. at 710 (approving such award); Luevano, 93 F.R.D. at 89; Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 72,996, 1977 WL 1497, at *9, *17 (distribution of settlement payments based on a point system was “fair and reasonable” and economic interests of named plaintiffs did not conflict with those of absent class members even where “[additional points [we]re awarded to the named plaintiffs”); cf. Huguley v. General Motors Corp., 128 F.R.D. 81, 85 (E.D.Mich.1989) (in case where incentive awards were not objected to, noting that “named plaintiffs and witnesses are entitled to more consideration than class members generally because of the onerous burden of litigation they have borne”), aff'd, 925 F.2d 1464 (6th Cir.), cert. denied, — U.S. -, 112 S.Ct. 304, 116 L.Ed.2d 247 (1991). Thus, the adequacy of the named plaintiffs’ representation is ultimately determined by the terms of the settlement itself. See, e.g., In re Corrugated Container Antitrust Litig., 648 F.2d 195, 212 (5th Cir.1981) (“[i]t is, ultimately, in the settlement terms that the class representatives’ judgment and the adequacy of their representation is either vindicated or found wanting”). In the present case, and in the related actions funded by the NFLPA, the court finds that the named plaintiffs took substantial risks to step forward. See infra ¶ 6.18 & note 45 (detailing defendants’ history of retaliating against such players). Many of the named plaintiffs have been involved in litigation for years, and have been deposed or testified at the McNeil trial. In light of the comprehensive settlement that has been reached, which will virtually restructure the entire league and has already created and will continue to create substantial benefits for all class members, the court concludes that the interests of the named plaintiffs are neither antagonistic nor adverse to the interests of absent class members, and that the preferential treatment of the named plaintiffs is not excessive, but fair and reasonable under such circumstances. Luevcmo, 93 F.R.D. at 89. 2.19 Moreover, “in the settlement context ... the adequate representation requirement is satisfied when the court determines that the settlement was negotiated at arm’s length and was not collusive in favoring the class representative.” 2 Herbert Newberg and Alda Conte, Newberg on Class Actions § 11.28, at 11-59 (3d ed. 1992); cf. Jones v. Amalgamated Warbasse Houses, 97 F.R.D. 355, 359 (E.D.N.Y.1982) (in the absence of evidence of collusion, a “settlement is presumed regular”). After presiding over numerous related eases and participating in the final settlement negotiations in the present action, the court finds that the settlement was clearly negotiated at arm’s length and presents no danger of collusion. At least four factors support this finding: the size and complexity of the Agreement and the compromises reflected therein; the context in which it was reached, that is, after five and one-half years of frequently acrimonious litigation; the court’s personal knowledge of the negotiators and the tenacity with which they struggled to protect their principals’ interests; and the need for the court’s involvement in the final stages of the negotiations. See Robertson, 389 F.Supp. at 899 (“[t]he four-year history of this litigation is sufficient indication that the named plaintiffs and their counsel will fairly and adequately protect the interests of the class”); White, Transcript of Preliminary Approval Hearing at 82-84 (Feb. 26,1993) (finding no evidence of collusion and concluding settlement was product of arm’s length negotiations). Having determined that the settlement was negotiated in good faith, the court rejects any contention that the preferential treatment of the named plaintiffs jeopardized their ability to adequately represent the class. Luevano, 93 F.R.D. at 90 (approving monetary relief for named plaintiffs in settlement in which only a portion of the class received such relief where “there was no improper collusion”). 2.20 Finally, there has been overwhelming class support for the proposed settlement. After extensive notice by mail, by publication and by press coverage of the proceedings, less than two percent of the class members have objected to any phase of the settlement. Out of thousands of class members, only seventy-three active or former players, and sixteen college players, have objected to the proposed class certification and settlement, and most of those objections reflect dissatisfaction with the objectors’ personal circumstances. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,990, 1977 WL 1497, at *9 (rejecting claim that named plaintiffs’ interests were antagonistic based on overwhelming support by absent class members); cf. Van Horn v. Trickey, 840 F.2d 604, 606 (8th Cir.1988) (“a settlement may be approved over a significant percentage of objections from class members” (citation omitted)). 2.21 Based on the foregoing, the court concludes that: none of the objectors has introduced any evidence to establish that alleged potential conflicts within the class, or between the named plaintiffs and the absent class members, are real possibilities rather than imaginative speculation. Class action status will not be denied, nor will subclasses be required, absent such a showing. Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,-730, at 72,991; 1977 WL 1497, at *9 (citing Robertson, 389 F.Supp. at 899). The court thus finds that the named representatives adequately represent the class, and denies any request to decertify the class, to form subclasses or to appoint other named plaintiffs or additional class counsel. G. The Need To Avoid Separate Actions 2.22 Like Alexander, the court finds that the present dispute could not be settled solely by an agreement to award class members monetary relief for alleged past liability. To be effective, any settlement must also address the NFL “structural” rules that will govern players in future years. Thus, a comprehensive agreement or order must encompass such “future rules in order to afford appropriate relief to plaintiffs and to be acceptable to the defendants.” Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,991, 1977 WL 1497, at *10. 2.23 As the Eighth Circuit observed when affirming the Alexander settlement: [t]he need to revise or to eliminate past rules and practices of professional football, [particularly veteran player restraints], plainly encompassefs] the possibility that adjudications of separate actions could set incompatible standards of conduct for the National Football League. Reynolds, 584 F.2d at 283. If individual players file separate actions seeking injunctive relief against NFL player restraints, there is a substantial risk of inconsistent or varying adjudications which would result in incompatible standards of conduct for the defendants. One court could grant injunctive relief, a second might deny such relief, and a third might grant injunctive relief that materially differs from that granted by the first court. See Robertson, 389 F.Supp. at 901. As the district court observed in Robertson, such: [differing results in the individual actions would impair the [professional sports league’s] ability to ‘pursue a uniform continuing course of conduct’ where pragmatic considerations require that the defendants act in the same manner to all members of the class. Id. (quotation omitted); cf. National Collegiate Athletic Ass’n v. Board of Regents, 468 U.S. 85, 101, 104 S.Ct. 2948, 2960, 82 L.Ed.2d 70 (1984) (college football is “an industry in which horizontal restraints on competition are essential if the product is to be available at all”); Reynolds, 584 F.2d at 287 (noting in dicta that “[s]ome leveling and balancing rules appear necessary to keep the various [NFL] teams on a competitive basis”). The near certainty of such inconsistency is borne out by the history of litigation between players and the NFL. For example, in Mackey, the Eighth Circuit determined that the NFL’s interest in maintaining competitive balance between teams should be considered under the rule of reason for purposes of determining whether a veteran player restraint violated the Sherman Act. Mackey, 543 F.2d at 619-20. However, in Smith v. Pro Football, Inc., the Court of Appeals for the District of Columbia rejected the competitive balance justification as a matter of law, finding that under the rule of reason, the NFL’s interest in maintaining competitive balance, which the NFL argued was a pro-competitive effect, could not be balanced against the anticompetitive effects of the college draft. 593 F.2d 1173, 1186 (D.C.Cir. 1978); see also Brown v. Pro Football, Inc., Civ. No. 90-1071, slip op. at 19-23, 1992 WL 88039, at *9-10 (D.D.C. March 10, 1992) (applying Smith and refusing to consider competitive balance when determining whether defendants were liable for fixing the wages of developmental squad players for the 1989 NFL season). The near certainty of incompatible rules of conduct for defendants is further demonstrated by the current inconsistent case law concerning the scope of the nonstatutory labor exemption. In the Powell case, the Eighth Circuit determined that nonstatutory labor exemption protects defendants as long as the “labor relationship continues”, but declined to define at what point such relationship ends. 930 F.2d at 1303. A federal district court in the District of Columbia, however, rejected the Eighth Circuit’s ruling in Powell, and found that the exemption ends when the parties’ collective bargaining agreement expires. Brown v. Pro Football, Inc., 782 F.Supp. 125, 129-33 (D.D.C.1991); cf. Bridgeman v. National Basketball Ass’n, 675 F.Supp. 960, 964-67 (D.N.J.1987) (rejecting both expiration of collective bargaining agreement and negotiating impasse as point at which exemption terminates, and finding that the exemption continues as long as the employer “reasonably believes that the challenged practice or a close variant of it will be incorporated in the next collective bargaining agreement”). Based on the foregoing, the court concludes that class certification is appropriate under Rule 23(b)(1)(A). See Reynolds, 584 F.2d at 283 (finding that certification of a 23(b)(1) class is appropriate in cases involving antitrust challenges to a system of player restraints because “[a]ntitrust violations involving the rules and practices governing professional players may require the imposition of broadly based remedies”). The court further concludes that the prosecution of separate actions by individual players would create the risk of judgments that may, as a practical matter, affect the rights of class members and impair their ability to protect their interests. As the court observed in Alexander: such risks are illustrated by the attempt of one objector to initiate a separate suit challenging the agreed-to structural rules and seeking injunctive relief in another forum. 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,991, 1977 WL 1497, at *11. The numerous lawsuits already filed by various class members seeking injunctive relief clearly demonstrate that such risks are also present in the instant case. See, e.g., Hurst v. National Football League, Civ. No. 92-3263 (E.D.La. filed Oct. 1, 1992); Sanders v. National Football League, No. 92-4365 (C.D.Cal. filed July 23, 1992). Accordingly, the court determines that certification is also appropriate under Rule 23(b)(1)(B). Powell, 711 F.Supp. at 969; Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,-730, at 72,991,1977 WL 1497, at *11; Robertson, 389 F.Supp. at 901. 2.24 Although the present class would also satisfy the requirements for certification under Rule 23(b)(3), the court determines that the class should be certified exclusively under Rule 23(b)(1). As numerous courts have held, when there is a choice between (b)(1) and (b)(3) certification, it is proper to proceed under (b)(1) exclusively in order to further the policies underlying (b)(1) class actions,. that is, to' avoid inconsistent adjudications or the compromise of class interests which otherwise would occur as a result of class members’ ability to opt out under a (b)(3) class. See, e.g., Reynolds, 584 F.2d at 284; Robertson, 556 F.2d at 685; Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1340 (9th Cir.1976); Specialty Cabinets & Fixtures v. American Equitable Life Ins. Co., 140 F.R.D. 474, 477 (S.D.Ga. 1991); Powell, 711 F.Supp. at 969; Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,991-92, 1977 WL 1497, at *11. In such cases, certification of a mandatory class is preferred because: n Rule 23(b)(3) opt-out classes ... absent class members are connected with one another [solely] because their claims involve common questions. By contrast, no opt-out classes satisfying Rule 23(b)(1) or (2) were designed specifically to avoid the risks of inconsistency, prejudice, or inequity that would result to persons similarly situated in the absence of a unitary adjudication of their common claims____ [Thus] the protection of the rights of class members in [no opt-out] classes ... is much more interdependent with resolution of the rights of others similarly situated than is the ease for [23(b)(3) ] class members____ 1 Herbert Newberg & Alda Conte, Newberg on Class Actions § 1.20, at 1-48 (3d ed. 1992) . In the present action, the claims of class members are not connected solely because they involve common questions, but rather because they arise from a system of player rules that have been uniformly imposed on all professional football players. See Alexander, 1977-2 Trade Cas. (CCH) ¶ 61,730, at 72,989,1977 WL 1497, at *8 (defendants have imposed various rules “in substantially identical manner to all players within the NFL”). • The court therefore finds that class certification under Rule 23(b)(1) is more appropriate than under Rule 23(b)(3) because it effectuates the policies underlying such mandatory class actions. 2.25 For the foregoing reasons, the court concludes that a definable class exists that satisfies the requirements of, and should be finally certified pursuant to, Federal Rule of Civil Procedure 23(b)(1). III. DUE PROCESS DOES NOT REQUIRE THAT ABSENT CLASS MEMBERS BE GIVEN OPT-OUT RIGHTS 3.1 Opt-out rights are not required in actions involving classes properly certified pursuant to Rule 23(b)(1). See Fed.R.Civ.P. 23(b)(1), (c)(2). 3.2 A number of objectors have argued that, under the Supreme Court’s decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985) and its progeny, minimum due process requires that absent class members be afforded an opportunity to opt out of all class actions that involve claims for money damages. The court finds, however, that there is little support for such a broad interpretation of Shutts. (a) The Supreme Court’s decision in Shutts does not purport to make every mandatory non-opt-out class action unconstitutional. In Shutts, the Supreme Court determined that where a class action concerns claims “wholly or predominantly for money judgments”, absent class members must be given notice, an opportunity to oppose the class settlement and an opportunity to opt out. 472 U.S. at 811-12 & n. 3, 105 S.Ct. at 2974-75 & n. 3. The Supreme Court, however, did not address class actions in which the claims for injunctive relief plainly predominate, and specifically stated that its holding was: limited to those class actions which seek to bind known plaintiffs concerning claims wholly or predominantly for money judgments. We intimate no view concerning other types of class actions.... Id. at 811 n. 3, 105 S.Ct. at 2974 n. 3; see also In re Jackson Lockdown/MCO Cases, 107 F.R.D. at 713-14; 7B Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1789, at 255 (2d ed. 1986) (noting Supreme Court’s explicit limitation); 1 Herbert Newberg & Alda Conte, Newberg on Class Actions § 1.19, at 1-48 (3d ed. 1992) (Shutts was silent concerning the validity of classes certified under Rule 23(b)(1) and “[i]t is highly unlikely that the Supreme Court would have invalidated [that] rule[] without expressly doing so”). (b) The court thus concludes that even where a class action involves claims for money damages, mandatory non-opt-out class certification remains proper as long as the class claims for equitable or injunctive relief predominate ■ over the claims for damages. In re Jackson Lockdoum/MCO Cases, 107 F.R.D. at 713-14; (distinguishing Shutts for purposes of certifying class action involving claims for monetary relief under Rule 23(b)(1)); cf. Probe v. State Teachers’ Retirement Sys., 780 F.2d 776, 780 (9th Cir.) (analyzing whether money damages are incidental to primary claim for injunctive relief for purposes of determining whether certification was proper under Rule 23(b)(2)), cert. denied, 476 U.S. 1170, 106 S.Ct. 2891, 90 L.Ed.2d 978 (1986); Williams v. Lane, 129 F.R.D. 636, 639-43 (N.D.Ill.1990) (same); Lloyd v. City of Philadelphia, 121 F.R.D. 246, 251 (E.D.Pa.1988) (class certified under Rule 23(b)(1)(B) and (b)(2)). (c) The court further rejects the contention of various objectors that mandatory non-opt-out class actions that include claims for money damages are confined solely to “limited fund” cases. Mandatory non-opt-out classes under Rule 23(b)(1) may also be certified in cases involving claims for money damages in which no “limited fund” exists. See, e.g., Boggs v. Divested Atomic Corp., 141 F.R.D. 58, 67 (S.D.Ohio 1991); Specialty Cabinets & Fixtures, 140 F.R.D. at 477 (although the most common use, “limited fund cases are not the only cases certified under this subsection”). Similarly, courts routinely certify mandatory non-opt-out classes under Rule 23(b)(2) in cases involving hybrid claims for injunctive relief and damages, even in the absence of a “limited fund.” Probe, 780 F.2d at 780; Lloyd, 121 F.R.D. at 251. 3.3 The factual circumstances of this case, and its predecessors, confirm that it is a ease in which the plaintiff class’s claims for structural, injunctive relief “predominate” over its claims for damages. In reaching this conclusion, the court relies on the following: (a) The repeated motions for preliminary and permanent injunctive relief filed by the plaintiffs in Powell, McNeil, Jackson, and White. Indeed, the original complaint in the present action sought only injunctive relief. Moreover, as previously discussed, class members’ claims are interrelated because players are subject to a uniform system of player rules; therefore there is a significant identity of interest between class members for purposes of analyzing their economic injuries. See supra note 32. To provide a meaningful class remedy, any injuries must be redressed primarily through broad injunctive relief. In the absence of such relief, any award of monetary damages would merely be a stopgap measure, insufficient to prevent the reoccurrence of such injuries while likely generating an unending procession of lawsuits. (b) The entire record of the McNeil trial, and in particular, the testimony of the eight player-plaintiffs. For example, Freeman McNeil, the lead plaintiff in the McNeil case, testified at trial that his primary purpose in filing the McNeil lawsuit was not to recover money damages; but rather “[w]hat I’m suing for is the right to be able to make a choice in my life with what I do.” McNeil Trial Transcript at 922. (c) The repeated representations of class counsel and other player representatives, both before and after the parties had reached a tentative agreement to settle, that these lawsuits primarily sought either the elimination or the substantial modification of various NFL rules regarding player movement and employment. For instance, at the preliminary approval hearing, class counsel stated “that the essence of what the players have been seeking through all of this litigation has been a change in the overall system, a change in the industry-wide rules that have affected the terms and conditions of their employment.” White, Transcript of Preliminary Approval Hearing at 19 (Feb. 26,1993). (d) The statements made by defendants and their representatives to the same effect. See Declaration of Paul Tagliabue ¶¶ 18, 27 (dated Feb. 22, 1993). (e) The terms of the Stipulation and Settlement Agreement itself, which devotes 179 pages of the 188-page document to redefining the rules and practices governing player employment in the NFL. 3.4 In cases where sufficient alternative procedural safeguards are employed, opt-out rights are not constitutionally required. See, e.g., Williams v. Burlington Northern, Inc., 832 F.2d 100, 104 (7th Cir. 1987) (even though plaintiff did not have right to opt out, court “provided [plaintiff] with the equivalent due process protection that would be accorded to a Rule (23)(b)(3) cla