On November 22, 2017, California federal judge Beth Labson Freeman transferred the putative class action against Riddell and its parent company BRG Sports Inc. to Illinois. Former college football players had brought the suit against Riddell and BRG Sports, alleging that the companies lied about the protection its helmets offered against concussions. The case also alleged that Riddell and BRG Sports used a shaky study to advertise unsafe helmets and failed to upgrade the designs to prevent concussions. Judge Freeman decided the proper venue for …
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Former Player Objects to Class Counsel Fee Request in NCAA Deal
Despite a final approval on the settlement for the class of former football players’ suit against the National Collegiate Athletic Association (NCAA) for its handling of concussions, there is still a dispute over how much the class counsel should get for attorney fees. Class counsel requested $15 million for attorney fees, but a former college football player, Anthony Nichols, told the judge that the counsel should not get more than $8 million. Nichols based this number off of the fact that the initial settlement had …
Continue ReadingDropping The Gloves: NHL Fights Back at Player’s Bid to Exclude Expert Testimony
The NHL has responded to a bid to remove expert testimony the league believes improves their attempt to defeat class certification. The NHL’s response is the latest development in the December bid to certify a class by the league’s former players who claim that the league failed to warn them of the various known risks and diseases associated with repeated head trauma.
The players believe the league’s expert testimony is cumulative and will confuse a jury due to its amount of similar and supposedly irrelevant …
Continue ReadingStudent-Athletes Want Schools Held in Contempt
Seven NCAA schools failed to meet the court’s deadline to turn over their athlete contact information. The student-athletes that comprise of the 4.4 million member class want the schools to be forced to explain why they missed the deadline. The student information is needed for the proposed concussion settlement process. On June 6, 2017, Judge John Lee extended the opt out or objection date for the NCAA concussion settlement. This settlement has been in the works for some time, but without the cooperation of …
Continue ReadingNCAA Athletes Granted Deadline Extension to Opt Out of Concussion Settlement
Judge John Lee, an Illinois federal judge, extended the opt out or objection date for the NCAA concussion settlement. Class members now have until August 4, 2017 to exclude themselves or object to the settlement. The settlement impacts an estimated 4.4 million current and former NCAA student-athletes in 43 different sports. In July 2016, Judge Lee pre-approved the $75 million settlement fund. The proposed fund earmarks $70 million for a 50-year medical monitoring program to screen student-athletes for head injuries. The additional $5 million …
Continue ReadingClass-Action Suit Against Riddell Dropped
A class-action lawsuit brought against Riddell by former high school and college football players has been dropped. The former players had alleged that Riddell, the NFL’s official helmet maker from 1989 to 2014, misrepresented the degree of safety provided by helmets manufactured by the company. Specifically, the plaintiffs alleged that Riddell falsely claimed in advertising and marketing materials that its Revolution helmets would reduce concussions by 31 percent compared to other helmets on the market, without ever testing them for the type of hits …
Continue ReadingFormer NFL Stars Who Opted Out of the NFL Concussion Litigation Rejoin Class
Two former NFL stars, Joe Horn and Chris McAlister, became the latest players to reinstate themselves in the NFL’s uncapped concussion litigation, after initially opting out of the class action.
As background, the settlement established a bottomless fund over a 65-year span — with a potential payout of over $1 billion — to compensate a class of over 20,000 former NFL players now suffering from serious degenerative conditions linked to traumatic brain injuries, like Alzheimer’s and Parkinson’s disease, and dementia. Under the settlement, each …
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 ReadingNCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications
On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect.
The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes …
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