NFL Concussion Litigation

Oral Argument Before the Third Circuit Court of Appeals in NFL Concussion Litigation Set for November 20, 2015

The Third Circuit Court of appeals has set November 20, 2015, as the date for oral argument in the appeal of some retired players to Judge Brody's approval of the settlement reached between the retired players and the NFL.

The briefs filed by each party is as follows:

Objectors' Opening Briefs

Class Counsel and NFL's Response Briefs

Objectors Reply Briefs

NFL Agrees to Remove Cap on Total Payments to Retired Players Under Concussion Settlement and Federal Judge Grants Preliminary Approval

Kreindler & Kreindler LLP and partners Anthony Tarricone and Noah Kushlefsky, who were part of the team of lawyers that sued the National Football League over concussion related brain injuries, are pleased to report that last week the NFL agreed to a revised settlement agreement that removes the $675 million cap on damage awards it agreed to pay to retired players suffering from disabling conditions through a settlement fund. As a result of the revised settlement agreement removing the cap on total compensation to be paid by the NFL, Judge Anita Brody of the United States District Court granted preliminary approval of the settlement on July 7, 2014, in advance of a final hearing in November 2014.

On January 14, 2014, Judge Brody had denied preliminary approval to the previous version of the settlement that limited the total compensation the NFL had to pay to retired players to $675 million, and appointed a special master to evaluate the adequacy of the settlement. Since then, Anthony Tarricone worked closely with members of the Plaintiffs' Steering Committee representing the retired players in continuing to negotiate with the NFL to maximize benefits and ensure the adequacy of the settlement to pay future claims.
As a result of these negotiations, on June 25, 2014, counsel for the plaintiffs presented Judge Brody with a revised proposed settlement agreement for her review and approval that removed any limit on the total amount of money that the NFL will have to pay to compensate players who qualify for monetary damages now or during the 65 years that the settlement will be open.

The preliminary approval of this settlement, which still needs final approval by the Court, is a victory for more than 18,000 former players who will receive care and compensation for neurological injuries such as amyotrophic lateral sclerosis (ALS), Alzheimer's disease, Parkinson's disease, dementia and other severe cognitive impairments over the next 65 years.

To read the Judge's Decision and Order click below:

Decision Granting Preliminary Approval of Settlement

Order Granting Preliminary Approval of Settlement