Tag Archives: class action concussion

NFL Continues to Argue Hernandez Suit is a Matter of Federal Labor Law

On December 18, 2017, the National Football League responded in opposition to Avielle Hernandez’s motion to remand her lawsuit against the NFL back to state court. Also named in the suit are helmet maker Riddell and other related companies. Avielle’s lawsuit seeks compensation for the NFL’s role in her father’s, Aaron Hernandez’s, post-mortem diagnosis of stage 3 chronic traumatic encephalopathy (CTE). Those diagnosed with CTE exhibit symptoms that include impulse control issues, aggression, depression, dementia, and suicidality. Hernandez committed suicide while serving a life sentence…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

Riddell Helmet Safety Suit Moved to Illinois

On November 22, 2017, California federal judge Beth Labson Freeman transferred the putative class action against Riddell and its parent company BRG Sports Inc. to Illinois. Former college football players had brought the suit against Riddell and BRG Sports, alleging that the companies lied about the protection its helmets offered against concussions. The case also alleged that Riddell and BRG Sports used a shaky study to advertise unsafe helmets and failed to upgrade the designs to prevent concussions. Judge Freeman decided the proper venue for…

Continue Reading....

Former Player Objects to Class Counsel Fee Request in NCAA Deal

Despite a final approval on the settlement for the class of former football players’ suit against the National Collegiate Athletic Association (NCAA) for its handling of concussions, there is still a dispute over how much the class counsel should get for attorney fees. Class counsel requested $15 million for attorney fees, but a former college football player, Anthony Nichols, told the judge that the counsel should not get more than $8 million. Nichols based this number off of the fact that the initial settlement had…

Continue Reading....

Dropping The Gloves: NHL Fights Back at Player’s Bid to Exclude Expert Testimony

The NHL has responded to a bid to remove expert testimony the league believes improves their attempt to defeat class certification. The NHL’s response is the latest development in the December bid to certify a class by the league’s former players who claim that the league failed to warn them of the various known risks and diseases associated with repeated head trauma. The players believe the league’s expert testimony is cumulative and will confuse a jury due to its amount of similar and supposedly irrelevant…

Continue Reading....

Student-Athletes Want Schools Held in Contempt

Seven NCAA schools failed to meet the court’s deadline to turn over their athlete contact information. The student-athletes that comprise of the 4.4 million member class want the schools to be forced to explain why they missed the deadline. The student information is needed for the proposed concussion settlement process. On June 6, 2017, Judge John Lee extended the opt out or objection date for the NCAA concussion settlement. This settlement has been in the works for some time, but without the cooperation of…

Continue Reading....

NCAA Athletes Granted Deadline Extension to Opt Out of Concussion Settlement

Judge John Lee, an Illinois federal judge, extended the opt out or objection date for the NCAA concussion settlement. Class members now have until August 4, 2017 to exclude themselves or object to the settlement. The settlement impacts an estimated 4.4 million current and former NCAA student-athletes in 43 different sports. In July 2016, Judge Lee pre-approved the $75 million settlement fund. The proposed fund earmarks $70 million for a 50-year medical monitoring program to screen student-athletes for head injuries. The additional $5 million…

Continue Reading....

Class-Action Suit Against Riddell Dropped

A class-action lawsuit brought against Riddell by former high school and college football players has been dropped. The former players had alleged that Riddell, the NFL’s official helmet maker from 1989 to 2014, misrepresented the degree of safety provided by helmets manufactured by the company. Specifically, the plaintiffs alleged that Riddell falsely claimed in advertising and marketing materials that its Revolution helmets would reduce concussions by 31 percent compared to other helmets on the market, without ever testing them for the type of hits…

Continue Reading....

Former NFL Stars Who Opted Out of the NFL Concussion Litigation Rejoin Class

Two former NFL stars, Joe Horn and Chris McAlister, became the latest players to reinstate themselves in the NFL’s uncapped concussion litigation, after initially opting out of the class action. As background, the settlement established a bottomless fund over a 65-year span — with a potential payout of over $1 billion — to compensate a class of over 20,000 former NFL players now suffering from serious degenerative conditions linked to traumatic brain injuries, like Alzheimer’s and Parkinson’s disease, and dementia. Under the settlement, each…

Continue Reading....