On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future.
Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that have appealed. Seeger released a statement on September 23, 2015 in regard to the plaintiffs-appellees’ brief to the Third Circuit:
We believe the appeals are without merit and the judgment of the district court should be affirmed. The objections challenging the settlement are a laundry list of wishes and claims that disregard the district court’s fact finding and this court’s controlling precedent. These very same objections were exhaustively addressed and overruled by the district court in a 132-page opinion granting final approval.
There has never been a class settlement in U.S. history in which the class members were more cohesive, informed and invested in the outcome of the litigation. Less than one percent of the class objected to the settlement, while more than 7,400 have attempted to preregister for benefits despite there being no early registration process in effect. The fairness of the settlement is confirmed by the overwhelming approval of class members, the district court’s superb management and oversight, the extraordinary relief afforded class members, and the various structural protections put in place to ensure fairness.
These appeals effectively stand between truly injured retired players and their sole prospect for obtaining benefits while still alive. Just yesterday, another former NFL player announced he was diagnosed with ALS, a reminder of the countless others suffering from neurocognitive and neuromuscular illnesses who await this settlement’s benefits. We look forward to offering a forceful defense of the settlement in the Court of Appeals.