I’m a bit behind in updating the blog homepage, so here’s a recap of our most recent work and also a few blasts from the past and other tidbits of interest. ~Sheilla NFL Concussion Settlement Opt-Out cases are back in the news – sort of. While not receiving mainstream news coverage some important developments are …
Tag: NFL Concussion Settlement
Permanent link to this article: https://advocacyforfairnessinsports.org/2018/08/01/updates/
Judge Hurls Lone Pine Order at NFL Concussion Settlement Opt-Outs. Could this be an axe to their cases?
True or False? The Constitution of the United States of America guarantees every injured party his or her day in court? You’d have been correct with either answer. While the Constitution does make that guarantee, other laws and pleading rules tend to cloud it. That’s the situation players who opted out of the NFL Concussion Settlement are looking at due to a recently filed order.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/lone-pine-opt-outs/
On October 16, 2017 Shayanna Jenkins Hernandez filed a loss of parental consortium lawsuit in Massachusetts Superior Court against three NFL entities and helmet maker Riddell on behalf of her daughter, Avielle. Two potentially important court filings last week bring the case back into focus.
Permanent link to this article: https://advocacyforfairnessinsports.org/archive/hernandez-v-nfl/crucial-motions-filed-in-aaron-hernandez-lawsuit-on-behalf-of-his-daughter/
June 21, 2018 I didn’t have time to do an article, however this twitter thread, with attached PDF will give an idea as to the lengths the league will go to in order to circumvent payment of settlement awards. The claim on which this brief is based is for a younger player with Level 1.5 …
Permanent link to this article: https://advocacyforfairnessinsports.org/2018/06/21/new-concussion-settlement-filing-gives-peek-into-nfls-war-on-claims/
“Though it is not perfect, it is fair,” was the opinion handed down from the Third Circuit Court of Appeals in April 2016, when the appellate court ruled in favor of the Settlement designated to compensate retired NFLers for brain injury that was approved by Judge Brody in almost a year earlier in 2015. While a group of players appealed the Third Circuit’s decision to the Supreme Court, in December 2016 the High Court declined to hear the case, finalizing the Settlement with player registrations beginning in January 2017 and claims submissions in March of that year. A year and a half into settlement implementation the Settlement has been plagued with problems and controversies, not the least of which are low dementia claim approvals, and NFL allegations of widespread fraud for which it seeks a special investigator. Attorneys for the players dispute the pervasive fraud alleged by the NFL, a problem largely of their own making, but these are not the only areas where controversy exists. Like a boomerang, two of these controversies have made their way back to the Third Circuit…
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-issues-appealed-to-third-circuit/
Permanent link to this article: https://advocacyforfairnessinsports.org/2018/06/06/recent-articles/
NFL asks the Concussion Settlement Court for a fraud investigator with authority of subpoenas and compelled testimony
Last Wednesday the NFL presented arguments urging Judge Brody to appoint a special fraud investigator in the troubled Concussion Settlement, in which as of May 29, only eleven dementia claims have been paid.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-fraud-investigator-hearing/
Who’s defrauding whom? The NFL has decried massive fraud in the much-heralded uncapped settlement purposed to compensate retired NFL players for brain injuries but far from living up to its promise, HBO reports in a May 22 segment, “only ten percent of players who’ve filed claims for payment have received any money. That includes only one percent of all claims for dementia. One percent.”
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/hbo-real-sports-pulls-back-curtain-on-nfls-claims-of-fraud-in-the-concussion-settlement/
Andrew Brandt has famously stated, “there will be lawyers,” but it remains to be seen how many will be left standing as struggles over settlement implementation go scorched earth, leaving room for doubt as to whether or not retired players suffering from brain injury will ever see the compensation they were promised.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-goes-scorched-earth-against-retired-players-and-their-lawyers/
One of the unlucky Friday the 13th filings in the largely failing NFL Concussion Settlement was a motion by NFL Counsel Brad Karp requesting appointment of a special fraud investigator.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/attorneys-respond-to-nfls-request-for-concussion-settlement-fraud-investigator/