Former NFL Players Challenge New Rules in Concussion Settlement Case

On April 24, 2019, a group of former NFL players challenged newly adopted medical rules in the ongoing NFL concussion settlement. As we have previously reported, in April 2015, Judge Brody approved a settlement between the NFL and almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a $75 million “baseline assessment program” that provided eligible retired players with neurological examinations, a $10 million education fund to promote safety and…
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Former Northwestern University Football Player Sues NCAA

On March 18, 2019, former Northwestern University football player, Jay Tant, filed a proposed concussion class action lawsuit against the NCAA. In the class action suit, Tant alleged that the NCAA failed to protect the school’s players from the dangers of concussion and head injuries despite knowing the risks. According to Tant, the NCAA knew, since 1933, of the dangers of concussions and the long-term risks they posed to student-athletes however, the NCAA only began to implement concussion protocols in 2010. Tant, a standout tight…
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Litigation Funding Companies Claim Judge Improperly Assumed Jurisdiction in Concussion Settlement Case

On January 23, 2019, three litigation-funding companies, RD Legal Funding LLC, Atlas Legal Funding LLC, and Thrivest Specialty Funding LLC told a three-judge panel that U.S. District Judge Anita B. Brody, the judge who oversaw the NFL concussion case settlement, improperly assumed jurisdiction over third party funding contracts between the companies and the former players. The litigation funding companies argued that Judge Brody lacked jurisdiction to bar the litigation funding companies from recovering their stake in the settlement. As we have previously reported, in…
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Tidal Wave of Former College Football Players Plan to File Lawsuits Against NCAA

Reportedly, over 200 former NCAA college football players are planning to sue the NCAA. The lawsuits allege that the NCAA was negligent in failing to protect the former players from long-term brain damage, even though the NCAA knew about the dangers. The tip of the iceberg were several lawsuits filed on January 25, 2019. In one lawsuit, former Cameron University football player, Abe Mack IV, sued the NCAA for injuries sustained a result of NCAA’s “reckless disregard for [his and others similarly situated] health…
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Law Firm Asks For $3.2M From Concussion Settlement Fund

Seeger Weiss LLP, a law firm representing some of the former NFL players involved in a class action lawsuit against the NFL, asked Untied States District Court Judge Anita Brody to distribute $3.2 million from a common benefit fund to pay Seeger Weiss LLP, and a handful of other firms, for work they performed in the class-action lawsuit. As we have previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped…
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Former Field Hockey Athlete Fights to Hold American University Liable

Jennifer Bradly, former field hockey athlete at American University, argued against the University’s motion for summary judgment, contending that the motion contains identical arguments to a motion to dismiss that has already been denied. Bradley suffered a concussion in 2011 when she was hit in the head with a stick during a game, and brought suit in April 2014, alleging that the school and the doctors who treated her failed to attend to her medical needs. She states that she has brought “ample evidence” to…
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NFL Withdraws Controversial Appeal Just Before Hearing

On January 9, 2019, one day before a scheduled hearing, the NFL withdrew its appeal that previously outraged attorneys representing former NFL players in concussion class-action litigation. As we have previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a $75 million “baseline assessment program” that provided eligible retired players with neurological examinations, a $10 million education…
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Concussion Suit Brought by Former Chiefs Player’s Ex-Wife Dismissed

A suit brought by a former Chiefs player’s ex-wife has been dismissed in Pennsylvania federal court. U.S. District Judge Anita B. Brody ruled that the plaintiff, Anita Martin,could not pursue her claims alleging that the concussions sustained by her former husband, Christopher Martin, hurt their relationship. Judge Brody explained that Ms. Martin failed to opt-out of an uncapped, multi-district settlement that the NFL had reached with roughly 5,000 players back in 2015. The settlement concluded allegations that the players sustained concussions and degenerative brain diseases…
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Michael Peluso Sues New Jersey Devils

On January 3, 2019, former New Jersey Devils’ enforcer, Michael Peluso, sued the New Jersey Devils and various team officials, claiming that the team concealed his risk of long-term neurological problems. According to Peluso, the Devils hid the full extent of a head injury that he suffered, on December 18, 1993, in a fight with Tony Twist, a member of the Quebec Nordiques. During the fight, Peluso allegedly suffered a concussion. According to the complaint, the Devils “intentionally, deliberately, fraudulently, and with callous disregard…
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Judge Chooses Special Investigator in NFL Concussion Settlement

On December 10, 2018, U.S. District Judge Anita J. Brody, the judge overseeing the NFL concussion settlement, appointed former Chief U.S. District Judge Lawrence F. Stengel to serve as the special fraud investigator in the NFL Concussion Settlement. Under Judge Brody’s order, Judge Stengel will serve as a Special Investigator and will “look into possible fraudulent claims.” As we have previously reported, since April 2018, the NFL has asked Judge Brody to appoint a special investigator to examine potentially fraudulent concussion claims that…
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