May 12, 2016 Concussions / Litigation / NFL

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 …

May 6, 2016 Concussions / Litigation / NFL

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 …

May 4, 2016 Concussions / Litigation / NFL

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 …

May 2, 2016 Concussions / Litigation / NFL

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 …

April 18, 2016 Concussions / Litigation

Third 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 …

April 1, 2016 Concussions / NFL

Damage Control: NFL Reacts to Statements Made by League Executive About Link Between Football and CTE

On Friday, March 25, 2016, the National Football League beseeched the Third Circuit to not admit statements made by Jeff Miller, the NFL’s Senior Vice President for Health and Public Safety, at a recently-held U.S. Congressional committee roundtable meeting wherein Miller seemingly acknowledged a link between football and chronic traumatic encephalopathy. This was largely seen as the first time the NFL had recognized such a connection.

The NFL put forth the position that players’ efforts to supplement the record with Miller’s statements should be denied …

January 30, 2016 NFL

Fan Seeks Rehearing in NFL Super Bowl Ticket Suit

On Thursday, January 28, 2016, NFL fan Josh Finkelman filed a petition for a rehearing in the Third Circuit, asking that the court reconsider its decision to dismiss his proposed class action suit against the NFL for allegedly violating New Jersey state law by not releasing an adequate number of Super Bowl XLVIII tickets to the general public.

The proposed class action alleged that the NFL was in violation of New Jersey’s Consumer Fraud Act by releasing only one percent of Super Bowl XLVIII tickets …

January 21, 2016 Litigation / NFL

Fans Lack Standing in Super Bowl Ticket Suit Against NFL

On January 14, 2016, the Third Circuit held that two New Jersey football fans lacked standing to bring a class action suit against the NFL alleging that the league violated state law by withholding public access to an excessive amount of Super Bowl XLVIII tickets.

The suit alleged that the NFL was in violation of New Jersey’s Consumer Fraud Act by releasing only one percent of Super Bowl XLVIII tickets to be sold to the general public, causing ticket prices to be unreasonably high. One …

January 7, 2016 Litigation / MLB / NBA / NCAA / NFL / NHL

Sports Litigation and Cases to Keep an Eye on in the New Year (Part I)

2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016.

“Deflategate” Appeal

Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular …

October 19, 2015 General

Third Circuit Will Revisit New Jersey Sports Betting Decision

On Wednesday, October 14, 2015, the U.S. Court of Appeals for the Third Circuit granted New Jersey’s request to revisit its decision to disallow New Jersey from legalizing sports betting.

Last October, New Jersey lifted its prohibition on sports betting in racetracks and casinos. In response, the NFL and NCAA—two sports leagues that oppose sports betting—sought an injunction to stop New Jersey. The district court granted the injunction and subsequently found that repealing the prohibition violated the Professional and Amateur Sports Protection Act of 1992. …