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NFL Concussion Settlement Updates 1/8/19

Goodell - NFL Concussion Settlement Updates 1/8/19

January 8, 2019
Sheilla Dingus

There are lots of recent developments in the NFL Concussion Settlement, so I wanted to get a quick piece out so you’ll have the latest  information in one place.  I’m planning to attend Thursday’s hearing on the settlement’s “generally consistent” standard, and will be updating with a new article after the hearing takes place.  Essentially, the NFL is trying to trap as many players as possible like fish in a net to invalidate their claims by eliminating a key provision of the settlement agreement.   If you’re not familiar with the events leading up to the hearing, here’s a good primer that contains links to all of our prior coverage.

January 9 Update – Hearing Cancelled!

January 10 Hearing to Be a “Pivotal” Point in the NFL Concussion Settlement

In Judge Brody’s order, she designated that NFL counsel would be presenting their position and that Co-Lead Class Counsel Chris Seeger would be arguing on behalf of players.  Three law firms have filed motions requesting to be heard.  This tweet thread summarizes their motions. (Click on the tweet to expand and read the entire thread.)

A motion for reconsideration was filed by Wendy Fleishman today objecting to a denial of her client’s THRICE approved claim.  The player’s diagnosis was based on the generally consistent standard, but when the appeal was reviewed by the AAP, it was denied because the AAP is forcing strict BAP standards on diagnoses made outside the BAP.  This appeal demonstrates why the generally consistent standard is of great importance.

Finally, Magistrate Judge David Strawbridge issued a 93-page report and recommendation regarding how independent attorney fees will be calculated in the case of a lien.

This story will be updated with new developments that may come in prior to the hearing.

Editor at Advocacy for Fairness in Sports | Website

Sheilla Dingus founded Advocacy for Fairness in Sports in October 2016, after a stint with Defenders of the Wall, a New England Patriots based blog where she dived deep into the legal aspects of Deflategate. Along the way, she observed many inequities in sports and felt a need to address some of the under-reported stories in sports law. She draws from her background as a former professional dancer, who like many of the athletes she writes about, took an early retirement due to orthopedic injuries. After a return trip to college she worked for a legal software company, with seven years as a Project Manager and Analyst. She brings her analytical skills to the table in breaking down complex lawsuits, and enjoys pursuing her longtime interest in journalism.

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