Did Concussion Lawsuits Deal a Fatal Blow to Helmet Manufacturer’s Deal with the NFL?

Riddell, Inc. was contractually granted the rights to be the official helmet supplier of the NFL in perpetuity in 1989, over 20 years ago. However, on Thursday, October 24, 2013, NFL spokesman Brian McCarthy confirmed that the NFL had negotiated to end its business relationship with the helmet manufacturer at the end of the 2013 NFL season.

Riddell initially resisted the NFL’s withdrawal from their contractual relationship, but was ultimately unsuccessful in thwarting the NFL’s designs. A statement made by Roger Goodell at a youth …

September 25, 2013 Contract / NFL

Eighth Circuit Retires Former Player’s Claims Against NFLPA

On September 23, 2013, the Eighth Circuit Court of Appeals affirmed a decision that rejected NFL retirees’ claims against the NFL Players Association (NFLPA). The retirees alleged that they were wrongfully excluded from settlement negotiations during the 2011 NFL lockout. As a result, they claimed they lost out on at least $600 million in benefits.

Two lawsuits were filed during the lockout. One suit was brought by active players against the NFL and the other by retired players against the NFL and its teams. Since …

June 3, 2013 Concussions

For The Third Time, California Courts Rule that the NFL Remains the Away Team

The National Football League (NFL) suffered its third blow from a California appeals court on Tuesday, May 28, 2013. First, the NFL-favored venue of California for the concussion related suits was denied; second, the NFL’s least preferable venue of New York was allowed; and now, California says the NFL will be the visiting team in New York court against 32 insurance companies.

The NFL is looking to pass the bill to insurers for its concussion related lawsuits. The League argued for California jurisdiction …

April 26, 2013 NFL

Objectionable Combine Questions Lead the NFL and NY Attorney General to Team Up to Combat Sexual Orientation Based Harassment and Discrimination

On April 24, 2013, New York Attorney General Eric T. Schneiderman announced that the AG’s office would be working closely with the NFL to develop news policies to protect players from discrimination and harassment based on sexual orientation. Eventually, the effort will produce posters outlining the NFL’s anti-discrimination policies, which will be distributed and prominently placed in the locker rooms of all 32 teams across the league. The NFL also plans to implement new training procedures to educate players and individuals involved in recruiting on …

April 9, 2013 Concussions

Former NFL Players Fighting to Stay in Court in Hearing on Concussion Suit

On April 9, 2013, U.S. District Judge Anita Brody heard oral arguments in the ongoing NFL concussion litigation venued in the Eastern District of Pennsylvania. The suit essentially accuses the League of downplaying the risks of concussions and other playing-related head injuries and their effect on later-life cognitive decline. Multiple pending suits were condensed into a single multi-district litigation earlier last year and now includes over 4,200 former NFL players as plaintiffs. The outcome of today’s hearing could decide whether the lawsuit will continue in …

March 19, 2013 Concussions

Were the NFL & Riddell Out of Bounds for Rejecting Competitor’s Potentially Concussion Reducing Helmet?

Industrial designer Phil Straus began thinking of ways to lessen the impact of football head injuries and concussions in the late 1980s. After several years of work Straus developed a prototype of the “ProCap” in 1989 by attaching a half-inch-thick urethane mold on top of traditional football helmets. His work showed signs of promise in lab tests, and later gained acceptance by a number of NFL players who swore that the invention functioned as advertised. Mark Kelso, former Buffalo Bills free safety, swore by the …

March 18, 2013 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 …

January 31, 2013 Concussions

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 …

December 4, 2012 Concussions

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 …

November 21, 2012 Concussions / NFL

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 …