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NFL Concussion Class Action Lawsuit Moved to Mediation

Monday, July, 15, 2013


 

A federal judge has ordered a class action lawsuit filed against the National Football League into mediation.  Filed by thousands of former NFL players, the lawsuit alleges that the League has intentionally ignored data showing the long-term effects of concussions commonly suffered by players.  In response, Judge Anita B. Brody has appointed Layn Phillips to mediate between the League and attorneys representing the former athletes.

 

The NFL has requested that the case be dismissed—a request that Brody is avoiding a ruling on until mediation has occurred.  The judge is giving the parties until September 3 to attempt to reach an agreement through the process of mediation, a process that will include representation from the NFL, attorneys and 4,000+ players who are involved in the lawsuit. 

 

According to the players and their attorneys, the NFL has hidden the long-term dangers of the blows to the head that are part of the course in most games.  The NFL denies that it has done so and has stated that it gave players warnings that reflect current medical research.  It also has stated that issues related to player safety and the long-term consequences of playing in the NFL have been discussed and dealt with through collective bargaining agreements with the players.

 

However, the League issued a formal statement that reads as follows: “We respect and will comply with the court’s order regarding mediation and will be available to meet with Judge Phillips at his direction.” Due to Judge Phillips’ former experience as a former district court and appeals court judge, he will be able to give both sides a realistic glimpse of what the ruling might be if the case is litigated, with the hopes of bringing both sides closer to an agreement.