While the NFL has waged a relentless war on the class action settlement claims, it seems willing to negotiate to get the opt-out claims done and out of the courthouse.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/most-nfl-litigation-opt-out-claims-have-now-settled/
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/
In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense. This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary. Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct.
Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-opt-out-plaintiffs-take-on-chiefs-cardinals/