Category Archives: NFL

Ruling on Field Stands for Changes to Claims Process in NFL Concussion Settlement

A Pennsylvania federal judge upheld the approval of a claims administrator’s changes in the way a multidistrict NFL concussion settlement was implemented. The 16 retired players who filed the motion for reconsideration argued that the court should review its Nov. 2 decision that they cannot interfere with the claims process. The former players again argued the requirements for qualifying for a monetary reward were altered from the original settlement agreement. The court denied the motion Tuesday, Dec. 5, 2017 without a memorandum. The retired players…

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Should Hernandez CTE Case Remain Separate from Class-Action Concussion Litigation?

Lawyers for the estate of late NFL star Aaron Hernandez are trying to prevent a $20 million lawsuit, filed on behalf of Hernandez’ five-year-old daughter against the National Football League, from being merged with a wider class-action suit addressing former players’ concussions. The defendants, including the NFL and helmet manufacturer Riddell, asked U.S. District Judge George A. O’Toole in November to temporarily stay proceedings in the case until the U.S. Judicial Panel on Multidistrict Litigation (JPML) rules whether the action should be added to the…

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Former Agent Counters NFL, NFLPA with Antitrust Suit After Decertification

On November 21, 2017, former NFL agent and lawyer James Dickey accused the NFL, the NFL Management Council, and the NFL Players Association of stifling competition by implementing a rule in 2002 to keep new agents out of the industry. The rule, which Dickey refers to as an unreasonable artificial barrier and which is enforced by the NFLPA, requires agents to negotiate at least one NFL team deal for every three year period in order to stay certified to represent NFL players. “The so-called three-year…

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Claims Servicer Pushes for Portion of Concussion Settlement Award Despite Alleged Predatory Lending

Case Strategies Group, a claims management service, argued on November 16, 2017 before U.S. District Judge Anita Brody that former NFL players should be allowed to pay third party lenders and claims services providers a portion of their settlement awards from the NFL Players’ Concussion Injury Litigation. Last month, Christopher A. Seeger, co-lead counsel for the class of former players, argued the court should order the claims administrator to withhold portions of awards meant for lenders or claims services providers and block class members…

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Hernandez’s Daughter Fights Back to Keep Suit in State Court

On November 20, 2017, counsel for Aaron Hernandez’s daughter, Avielle, opposed the NFL’s bid to pause her lawsuit as well as the NFL’s removal of the case into federal court. The lawsuit blames Hernandez’s violent behavior, as he committed suicide in prison while waiting for his appeal of his murder conviction, on his after-death diagnosis of stage three chronic traumatic encephalopathy (CTE). Specifically, the suit alleged that the NFL and helmet maker Riddell, Inc. concealed information that linked football to CTE and mild traumatic brain…

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Ex-Players Argue NFL Moving the Goalposts on Requirements to Get Settlement Share

Sixteen retired NFL players urged a Pennsylvania federal court on Monday, November 13, 2017, to overturn a claims administrator’s changes to how claims are processed under a settlement agreement for brain injuries. The NFL reached the estimated $1 billion settlement in the concussion suit four years ago, and began accepting claims against the settlement eight months ago. Of the 1,400 players awarded damages from the league as part of the settlement, only 140 have gotten any sort of payout from the NFL. The court…

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NFL Requests Hernandez Suit to be Paused

On November 15, 2017, the NFL moved a Massachusetts federal court to stay the proceedings of the lawsuit filed by Aaron Hernandez’s daughter for his late-stage chronic traumatic encephalopathy (CTE) until a decision is made about transferring the case to multidistrict litigation. After Hernandez committed suicide in prison, it was found that he had stage three CTE at the age of 27, which is most commonly seen in men in their 60s. Hernandez’s daughter claimed the NFL knew about CTE since the 1960s but did…

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Researchers Report Evidence of CTE in a Living Patient for the First Time

Researchers in Chicago report they have detected evidence of chronic traumatic encephalopathy (CTE) in a living patient for the first time by detecting deposits of tau proteins. The degenerative brain disease currently can only be formally diagnosed after an autopsy. The study also confirmed that a “fingerprint” signature of CTE exists. More research is needed to verify the correlation, but it is a groundbreaking first step toward understanding CTE and developing a cure. The case study was published in the journal Neurosurgery this…

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Game Over for Ezekiel Elliott; Appeal at Second Circuit Dropped

Dallas Cowboys’ Ezekiel Elliott has accepted his six-game suspension and withdrawn his appeal at the Second Circuit Court of Appeals, ending the battle that started in July 2016, when Elliott’s ex-girlfriend accused him of domestic violence. After a year-long investigation, his suspension was announced August 11, 2017. Elliott fought the suspension through three different courts, and got three reprieves that kept him on the field for the first half of the season. He will sit out the next five games, and is set to return…

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NFL Removes Hernandez Suit to Federal Court

On November 14, 2017, the NFL removed Aaron Hernandez’s daughter’s lawsuit to Massachusetts federal court. The lawsuit seeks to hold the NFL, as well as helmet maker Riddell, Inc. accountable for Hernandez’s development of severe chronic traumatic encephalopathy (CTE). The NFL moved the case to federal court based on their assertion that the claim arises under federal law. Hernandez’s daughter, Avielle, filed the suit initially in Norfolk County Superior Court in Dedham, Massachusetts. She claimed the NFL and Riddell hid and downplayed the risks of…

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