Tag Archives: Third Circuit

Will the U.S. Supreme Court “Take a Gamble” on New Jersey’s Stance to Legalize Sports Betting?

On Tuesday, September 5, 2017, the State of New Jersey, a state horsemen’s association, and a group of policy members urged the United States Supreme Court to deem a federal law prohibiting states from authorizing sports betting unconstitutional. The Professional and Amateur Sports Protection Act (PASPA) is a federal law that directs states to maintain in effect their state-law prohibition on sports betting. New Jersey is trying to overturn the Third Circuit’s August 2016 holding that New Jersey’s attempt to repeal its sports betting…

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NFL Takes its Turn, Asks High Court to Not Review Concussion Settlement

A few weeks ago, it was the players. Now, the National Football League is asking the Supreme Court to not reject a deal between the league and roughly 20,000 former players dealing with systemic injuries of chronic traumatic encephalopathy (CTE). The Third Circuit Court of Appeals expressly approved a settlement that was expected to provide the two certified classes with more than $900 million of relief. The approval of the settlement, authorized earlier this year, was met with resistance. A group of players petitioned the…

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Another Headache for the NFL and Riddell

On Tuesday, October 4, 2016, helmet maker Riddell Inc. and the NFL were sued by more than 50 former football players and families of deceased players in a new lawsuit in Louisiana Federal Court. The proposed class action alleges that the NFL made “material representations” that several brain conditions such as early-onset dementia, memory loss, and ALS, were not caused by the players’ time in the NFL and the NFL failed to protect its players. The suit further alleges that the NFL was aware of…

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Going Stag: Third Circuit Will Not Require New York Giants to Pay Memorabilia Dealer’s Attorneys’ Fees

On October 6, 2016, the Third Circuit affirmed that the New York Giants do not have to pay for federal court attorneys’ fees incurred by a memorabilia dealer.  The dealer, Eric Inselberg, had argued that the Giants should pay the fees incurred while he attempted to remand his lawsuit back to New Jersey state court because the team’s approach to his claims was “objectively unreasonable.” Originally, the Giants had removed the civil case to federal court, but in November 2014, U.S. District Judge William Martini…

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Third Circuit Says “No” to Sports Betting in New Jersey

New Jersey’s hopes to legalize sports betting in the state were shut down by a Third Circuit panel on Tuesday, August 9, 2016. The panel, in a 10-2 decision, upheld a district court ruling that a 2014 law repealing New Jersey’s ban of sports betting violated the Professional and Amateur Sports Protection Act (PASPA). Additionally, the panel affirmed their 2013 ruling that PASPA is constitutional and does not infringe on state rights. Federal law enacted in 1993 prohibits states from regulating sports betting activity. New

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Third Circuit Denies Rehearing NFL Concussion Settlement, Compensation Forthcoming

On Wednesday, June 1, 2016, the Third Circuit Court of Appeals denied the petition to rehear an objection to the NFL’s concussion settlement. Former players still unsatisfied with the settlement plan asked for the full Third Circuit to review the court’s April unanimous decision to affirm the lower court’s ruling. The uncapped settlement, settling about 5,000 NFL concussion-related lawsuits, provides up to $5 million to individual players suffering from severe neurological diseases. As the settlement covers over 20,000 retired players, the agreement could cost…

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Delayed Concussion Settlement Exacerbates High Interest Rate Loans

Following the Third Circuit Court’s unanimous approval to uphold the NFL concussion settlement, a petition to rehear the appeal en banc has left former NFL players playing the financial waiting game. The impending settlement payouts have lenders circling, preying on vulnerable former NFL players that have debts to pay while suffering from both memory loss and cognitive issues. Lenders, such as Thrivest, Atlas Legal Fund, and RD Legal Funding, are advertising presettlement loans as financial salvation for retired NFL players, many…

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NFL Players Seek to Bar Former Firms from Concussion Award

One would think the Third Circuit’s approval of the uncapped settlement between the NFL and a class of former players would have ended the controversial litigation; however, it has ultimately led to additional legal action. Not only are the NFL insurers suing to avoid paying costs associated with the settlement, but several players involved in the settlement have requested that the court prevent their former attorneys from claiming an entitlement to their individual awards. According to the settlement, players diagnosed with certain brain diseases, such…

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Insurers Sue NFL Over its Uncapped Settlement Agreement

The concussion litigation against the NFL reached a groundbreaking moment last month when the Third Circuit upheld the uncapped settlement agreement between the NFL and a class of injured players. Although this decision may finalize the class action suit, the court’s ruling did not entirely conclude the NFL’s involvement in the litigation. The NFL has also been sued by its insurers to obtain discovery information which could aid in their defense from paying the costs associated with the uncapped settlement. The settlement agreement is expected…

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Third Circuit Asked to Rehear Concussion Settlement

On Thursday, April 28, 2016, objectors to the approved $1 billion uncapped settlement agreement between the National Football League and a class of former players over concussion injuries sustained during their playing careers, filed a petition with the Third Circuit Court of Appeals, asking the court to rehear their appeal en banc. In a unanimous decision handed down earlier this month, the court, hearing the appeal with only three presiding justices, affirmed the district court’s decision approving the settlement, holding that the agreement was…

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