Category Archives: Concussions

NFL Goes 0 for 2 Against Insurance Companies in Court

The National Football League is now 0-2. It lost yet another round on the legal gridiron last week when New York State Supreme Court Judge, Jeffrey K. Oing, ruled that the lawsuit between the NFL and its insurance companies could proceed in NY.  This is despite the fact that the NFL filed a similar lawsuit in California first. This echoes a previous ruling by Los Angeles Superior Court Judge John Shepard Wiley Jr. who held last fall that California was the wrong venue to deal…

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NFL Teams Up with GE to Fund New Concussion Research

On March 11, 2013, the National Football League and the General Electric Co. announced that they are teaming up to create a Head Health Initiative that will provide $60 million dollars to assist leading neurologists in researching traumatic brain injuries and developing technology able to monitor these ailments.  $40 million will go towards developing imaging technologies, and the remaining $20 million will be available to others who seek to prevent, identify, and develop treatments for brain injuries.  Athletic apparel company Under Armour will also be…

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Science of Sports: NFLPA and Harvard to Team Up for Study on Treatment of Football Injuries

Harvard University and the National Football League Players Association (“NFLPA”) are negotiating a deal with the NFL seeking a $100 million grant for the purpose of studying, diagnosing, and treating injuries and ailments suffered by players as a result of their football careers. Dr. Lee Nadler, the Harvard Medical School Dean for clinical and translational research, attested to the groundbreaking nature of the proposed project, noting “[n]o one has ever studied the players [themselves] before.  There have been postmortem studies looking at the brains of…

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Concussion Link to Seau Suicide?

Junior Seau committed suicide nearly eight months ago via self-inflicted gunshot wound to the chest.  Now, reports composed by three independent neurologists have confirmed that Seau – the 20 year NFL veteran linebacker and long-time San Diego Charger – suffered from Chronic Traumatic Encephalopathy, or “CTE.”  As described by an ESPN report, this condition is a “progressive disease associated with repeated head trauma.”   CTE has only recently been identified as a potential side effect of playing professional football, a game where players often experience repeated…

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Insurance Companies Score First in Battle For Home-Field Advantage in Case to Decide Forum For Coverage Issues in Concussion Cases

There is something about home-field advantage.  Maybe it’s the hometown fans there to cheer on their team, or maybe it’s the familiarity of the venue.  Whatever it is, almost every team would rather play on their home turf.  And this brings us to one of the bigger disputes associated with the NFL concussion lawsuits. In August 2012, the NFL and its current and past insurance companies began posturing for their own home-field advantage of sorts to decide coverage issues in the concussion lawsuits brought by…

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Will Trainers Become the NFL’s New MVPs in Concussion Fight?

Liability concerns stemming from the NFL’s massive multi-district concussion litigation have been affecting changes which may permanently alter the way the game of football is played.  Essentially, the main suit pits former players against the League, accusing the NFL of failing to warn them of the long term risks of concussions and their effect on later-life cognitive decline. Recent changes made by the NFL include alterations to playing surfaces, equipment, and long standing game-play rules.  For example, the League has shortened the kick-off play to…

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NFL Potentially Takes Another Hit in the Concussion Litigation

The latest story in the NFL class action concussion lawsuit spells more potential trouble for the league.  Late last week, news surfaced that the NFL’s retirement board had prior knowledge of the potentially devastating effects caused by long-term head injuries incurred throughout the course of a football career.  In particular, the board’s at-issue report indicated that the league had paid more than $2 million in disability benefits to certain players who had suffered brain injuries, noting that one of those players (ex-Pittsburgh Steeler center Mike…

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UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation

On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that based on the gravity of the harm incurred, their lawsuit against the League must be allowed to move forward.  The brief rejected the NFL’s contention that the action was essentially a labor dispute that needed to be resolved under the league’s collective bargaining agreement. The Plaintiffs accused the NFL of “orchestrat[ing] a disinformation campaign,”…

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NFL Attempts to Keep Insurance Coverage Dispute in California

The National Football League recently filed a motion to dismiss a  lawsuit filed by Alterra America Insurance Co. in New York State Supreme Court, arguing that the excess insurer did not have the requisite standing to add additional insurers as parties to its New York action, since the NFL is already pursing an action against them inCalifornia. The current dispute arose out of the massive insurance coverage obligations dispute between the NFL, NFL Properties LLC, and a host of primary and additional insurers, which began…

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Appeals Court Rules the NFL Doesn’t Have to Play Nice with Mean Gene Atkins on Disability Claims

On September 11, 2012, a three-judge panel from the United States Court of Appeals for the Fifth Circuit ruled that the Nation Football League would not be required to extend “extra retirement disability benefits” to “Mean” Gene Atkins.  While Atkins could receive “inactive” player disability benefits, the ruling prevents him from eligibility for the more generous “football degenerative” disability benefits that the league affords retirees with football related injuries.  The ruling comes despite Atkins’ insistence that his current ailments are a result of injuries suffered…

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