While concussion litigation against World Wresting Entertainment has been ongoing for years, at the end of March, a Connecticut federal judge dismissed many of the proposed class action claims asserted against the wrestling enterprise. A couple of years ago, several former wrestlers brought suit against WWE alleging that it knew of and concealed the risks associated with brain injuries. However, in deciding WWE’s motion to dismiss, the court pointed out that the wrestlers were “financially compensated to engage in an activity in which physical violence …
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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 …
Continue ReadingNFL 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 …
Continue ReadingInsurers 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 …
Continue ReadingThird 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 …
Continue ReadingThe Brain of Former WWE Wrestler Chyna Donated for CTE Research
On Wednesday, April 20, 2016, former WWE superstar Chyna passed away at the age of 46. After her death, her manager, Anthony Anzaldo, made a statement that her brain has been sent for research to see whether she was suffering from a brain disease known as chronic traumatic encephalopathy, or CTE.
Although the cause of her death is unknown, Anzaldo said they are donating her brain because they “want to know what made Chyna tick.”
Chyna’s real name was Joan Marie Laurer, she was known …
Continue ReadingCan a Doctor Diagnose CTE in Living NHL Players?
On April 12, 2016, the National Hockey League requested that a Minnesota federal judge require a doctor to disclose his examination process, as it would be the first time a doctor would diagnose chronic traumatic encephalopathy (CTE) in a living patient. This argument stems from debate over class certification in the former NHL player’s class action lawsuit against the NHL.
The former players of the NHL took a leaf out of the National Football League’s playbook and filed independent lawsuits against the NHL for failing …
Continue ReadingThird Circuit Unanimously Votes to Uphold NFL Concussion Settlement
On Monday, April 18, 2016, the dramatized litigation battle between a class of former professional football players, their loved ones, and the NFL may have potentially come to an end as the Court of Appeals for the Third Circuit, which oversees federal district courts located in Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands, affirmed an uncapped settlement agreed to in 2015. The Third Circuit panel, writing in a unanimous opinion, found that both the uncapped settlement itself was fair and that the class …
Continue ReadingWife of Deceased Quarterback Joins NFL Concussion Suit
Almost immediately after the release of the New York Times article that claimed the NFL used faulty data in its concussion research, the NFL faced yet another class action lawsuit. Since the article’s release, the NFL has disputed the allegations. The NFL threatened a defamation lawsuit in its demand that the Times retract the article. However, the Times refused to retract and has defended its reporting.
About a week after this class action was filed, Rose Stabler, wife of deceased Oakland Raiders quarterback Kenny Stabler, …
Continue ReadingNFL Concussion Multijurisdictional Litigation is Turning into a Headache
In 2014, former Arizona Cardinals NFL players sued their team for negligence, negligent misrepresentation, fraudulent concealment, and loss of consortium. In their complaint, the former NFL players stated that the Arizona Cardinals, as an employer, owed them duties to maintain a safe working environment, not to expose them to unreasonable risks of harm, and to warn them about the existence of concealed dangers. Their argument alleged that while they were unaware of the risks associated with football-related concussions, the Arizona Cardinals knew, or should have …
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