FAQs and Analysis… December 28, 2017 Sheilla Dingus In the first installment of this series I looked a NFL Concussion Settlement FAQs 1 – 23 which deal with general provisions and personnel of the Settlement. More importantly perhaps, I question the ability of and ethical implications of requiring a brain-damaged class to navigate, at minimum, …
Tag: NFL Concussion Settlement
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-baseline-assessment-program/
On December 1, a proposed document of Frequently Asked Questions (FAQ) was posted via Electronic Court Filing (ECF) to the NFL Concussion Settlement docket. The purpose of the FAQ document is to aid the neurologically impaired football players who are class members to the settlement in understanding its terms and filing their claims. During the enrollment period for the settlement, when retired NFL players had to make a choice between enrollment in the settlement, opting out, or ignoring it all together, in order to encourage enrollment Co-Lead Class Counsel Christopher Seeger, along with Claims Administrator Brown Greer portrayed the enrollment and claims processes as “simple.” They encouraged retirees to not hire independent counsel for this reason. They were told if they had a qualifying diagnosis their claims would be approved, and a 30-60 day window was referenced as an estimated approval time. As a result, approximately 20,000 retired players or their representatives registered for the program, including many who had previously objected or opted out.
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/the-facts-about-nfl-concussion-settlement-faqs/
Dec 23 2017
Essential Sports & Sports Law News Week in Review 📖Read of the Week: In a new op-ed in @statnews, I write that my research with @prof_goldberg “found that the NFL’s private agenda isn’t compatible with public health objectives.” https://t.co/y4HdvnP9YN — Kathleen Bachynski (@bachyns) December 21, 2017 ⚖️Litigation Lane: NFL Concussion Settlement: My analysis of Harvard …
Permanent link to this article: http://advocacyforfairnessinsports.org/2017/12/23/the-blitz-12-23-17/
In keeping with Judge Anita Brody’s announcement following a closed hearing with Chris Seeger, NFL Counsel, and Special Masters, a claims report dated December 11, 2017 has been posted to the settlement website. The seven-page PDF document which details the current status of claims highlights numerous issues in the settlement, not the least of which is a mere 10% approval of submitted claims.
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-claims-report-shows-approval-rates-are-still-dismally-low/
In September, Harvard Law Professor William B. Rubenstein was appointed by Judge Anita Brody to weigh in on controversies surrounding attorney fees, including a 5% hold back that Co-Lead Class Counsel Christopher Seeger requisitioned as payment for future work in settlement implementation.
In a well-reasoned 47-page report, Professor Rubenstein recommended against withholding the additional 5% from Class Members monetary awards and advised a 15% cap on contingency feels from independently retained counsel. Judge Brody has given a January 3 deadline for responses to the expert opinion.
Withholding 5% of every award is unreasonable
Prior to Professor Rubenstein’s report, every other attorney who publicly expressed an opinion on the subject, as well as members of the class of retired NFL players expressed opposition to the proposed 5% holdback. Professor Rubenstein agreed. As the professor noted, Seeger felt that the $112.5 million common benefit (of which Seeger claims over $70 million) should go to pay for securing of the settlement and the 5% for implementation of it, but as Rubenstein said, “Class Counsel bear the burden of proving the need for a 5% set-aside, but their artificial bifurcation of settlement and implementation – and hence the justification for the 5% set-aside – fails to meet that burden for at least six reasons.”
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/harvard-law-professor-advises-concussion-settlement-court-to-cap-attorney-fees-eliminate-5-award-holdbacks/
Dec 17 2017
Essential Sports & Sports Law News December 17, 2017 Week in Review 📖Read of the Week: Ex-NFL player Larry Johnson grapples with violent urges and memory loss. He thinks it’s CTE. https://t.co/HNxDXg5TEk — Washington Post (@washingtonpost) December 13, 2017 If you need a link that isn’t behind the paywall, CLICK HERE I truly and honestly …
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The story of Bill Cesare demonstrates how little the NFL and NFLPA do to take care of former players
December 10, 2017 Derek Helling Many former NFL players are challenged to deal with the physical toll of playing football along with all the other struggles that life can present. The story of former NFL defensive back Bill Cesare is one such narrative. As a result of brain trauma suffered while playing football, Cesare’s relationships …
Permanent link to this article: http://advocacyforfairnessinsports.org/player-rights/nfl/the-story-of-bill-cesare-demonstrates-how-little-the-nfl-and-nflpa-do-to-take-care-of-former-players/
Dec 10 2017
Essential Sports & Sports Law News Week in Review 12/10/17 📖Read of the Week: Compelling read: Forget About Colin Kaepernick; I Think I’m Done With the NFL Just Because I Don’t Want to Watch Someone Die https://t.co/vw8Sg50Fk7 via @verysmartbros — Sheilla Dingus (@SheillaDingus) December 9, 2017 ⚖️Litigation Lane: NFL Concussion Settlement There was a lot …
Permanent link to this article: http://advocacyforfairnessinsports.org/2017/12/10/the-blitz-12-10-17/
December 9, 2017 Sheilla Dingus As concussion settlement class members struggle to overcome delays and denials in the much heralded and massively disappointing NFL Concussion Settlement, opt-out claims are quietly moving forward. By 2012 hundreds of brain injury cases were filed against the NFL, and in some instances helmet maker Riddell, and these, and many …
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/the-nfls-preemption-trap-and-how-concussion-settlement-opt-outs-plan-to-avoid-it/
Dec 05 2017
Numerous filings appeared on the NFL Concussion Settlement Docket today. Here’s a quick summary of today’s activity. The first motion of the day seemed somewhat promising as X1 and Loren & Kean Law filed a brief in support of their prior motion to reconsider administration of the settlement in accordance with its plainly written language …
Permanent link to this article: http://advocacyforfairnessinsports.org/2017/12/05/nfl-concussion-settlement-update-12-5-17/