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-   -   Football There is a settlement in the NFL concussion litigation, Judge Brody has announced. (https://chiefsplanet.com/BB/showthread.php?t=275706)

ShowtimeSBMVP 08-29-2013 10:39 AM
There is a settlement in the NFL concussion litigation, Judge Brody has announced.
 
<blockquote class="twitter-tweet"><p>There is a settlement in the concussion litigation, Judge Brody has announced.</p>&mdash; Peter King (@SI_PeterKing) <a href="https://twitter.com/SI_PeterKing/statuses/373121362035892224">August 29, 2013</a></blockquote>
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<blockquote class="twitter-tweet"><p>BREAKING NEWS. Settlement in the NFL's concussion case with the 4,500 litigants.</p>&mdash; Peter King (@SI_PeterKing) <a href="https://twitter.com/SI_PeterKing/statuses/373121477404393472">August 29, 2013</a></blockquote>
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<blockquote class="twitter-tweet"><p>RT <a href="https://twitter.com/MikeGarafolo">@MikeGarafolo</a>: Settlement in the NFL case is for $765 million</p>&mdash; Brian McIntyre (@brian_mcintyre) <a href="https://twitter.com/brian_mcintyre/statuses/373122397198503937">August 29, 2013</a></blockquote>
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<blockquote class="twitter-tweet"><p>NFL will pay $765 million &quot;to fund medical exams, concussion-related compensation, and a program of medical research'' for 4,500 plaintiffs.</p>&mdash; Peter King (@SI_PeterKing) <a href="https://twitter.com/SI_PeterKing/statuses/373122938670546944">August 29, 2013</a></blockquote>
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BlackHelicopters 08-29-2013 10:40 AM
Peter King is never wrong.

nychief 08-29-2013 10:41 AM
Got off easy.... Terrible settlement.

Mr. Laz 08-29-2013 10:42 AM
wow ... pretty big news actually

Rain Man 08-29-2013 10:43 AM
Great. Can players start hitting with their heads again now?

RealSNR 08-29-2013 10:44 AM
So will that put things behind us? Does the NFL have their asses legally covered for future players that go through the league?

Mr. Laz 08-29-2013 10:45 AM
maybe they will calm down and be a little more deliberate with their new safety programs and rules now

Fat Elvis 08-29-2013 10:45 AM
$170K each? The players got screwed.

Mr. Laz 08-29-2013 10:48 AM
I wonder if these retired players will sue the NFLPA now?


since the players union had access to the same information as the NFL and didn't do anything.

ShowtimeSBMVP 08-29-2013 10:48 AM
Quote:
Originally Posted by Fat Elvis (Post 9923071)
$170K each? The players got screwed.
I think it would of been hard to prove if all the concussion happened in the NFL. You got High School and College football.

DJ's left nut 08-29-2013 10:49 AM
Quote:
Originally Posted by SNR (Post 9923067)
So will that put things behind us? Does the NFL have their asses legally covered for future players that go through the league?
Honestly, I'm not sure how.

It would depend on the notice sent to the 'class' and exactly what the class consists of. If it consists of all NFL players that to have played over the last 40 years, then theoretically it could largely resolve the matter.

However, I'm certain a fair number of these guys would've opted out of the class in order to maintain their own cause of action in the future. If that's the case, this settlement has no binding effect on them.

Perhaps someone with actual class action experience can fill in some details, but I don't see how this can be binding on any members of the class that elected to opt out or may not have rec'd notice. I also think that's how they came to this '4,500 litigants' language; the class is incredibly broad ("All NFL players since the Magna Carta") and any player that was included in that class that rec'd notice but did not proactively opt out of the class is deemed a litigant.

Mr. Laz 08-29-2013 10:49 AM
Quote:
Originally Posted by Fat Elvis (Post 9923071)
$170K each? The players got screwed.
so you're saying that people with concussions have bad judgement?

Dr. Gigglepants 08-29-2013 10:50 AM
Quote:
Originally Posted by Fat Elvis (Post 9923071)
$170K each? The players got screwed.
$102K after attorneys fees? Lol
Posted via Mobile Device

seaofred 08-29-2013 10:51 AM
Quote:
Originally Posted by Fat Elvis (Post 9923071)
$170K each? The players got screwed.
They won't even get that much.. Gotta pay the lawyers and medical exams.

Mr. Laz 08-29-2013 10:51 AM
I imagine the NFL would make 'ass coverage' part of the settlement.


Why agree to any settlement if you are just going to get sued again in a year or two.

ShowtimeSBMVP 08-29-2013 10:52 AM
Quote:
Originally Posted by Dr. Gigglepants (Post 9923082)
$102K after attorneys fees? Lol
Posted via Mobile Device
NFL has agree to pay that.

<blockquote class="twitter-tweet"><p>Wait, hang on. Ignore that last tweet. NFL has agreed to pay the court-approved lawyers&#39; fees.</p>&mdash; Mike Garafolo (@MikeGarafolo) <a href="https://twitter.com/MikeGarafolo/statuses/373123550070460416">August 29, 2013</a></blockquote>
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Dr. Gigglepants 08-29-2013 10:53 AM
That's good. $170K is nothing to shake a stick at.
Posted via Mobile Device

Mr. Laz 08-29-2013 10:54 AM
#NFL pays $765m plus around $225m in attorney fees for this to go away-$1B dollars


Rachel Nichols ‏@Rachel__Nichols 4m
This is HUGE: NFL settles w/players suing over concussions. $675 mil will go to the ex-players. Another $85 mil for treatment/research
Expand


Ian Rapoport ‏@RapSheet 4m
The complete release ---> RT @NFL345: Settlement of Concussion Litigation http://tinyurl.com/qyawvco


Mike Garafolo ‏@MikeGarafolo 11m
All retired players - not just the litigants - are eligible to apply for compensation if they establish neuro damage to independent docs.

ShowtimeSBMVP 08-29-2013 10:55 AM
Quote:
Originally Posted by Mr. Laz (Post 9923094)
#NFL pays $765m plus around $225m in attorney fees for this to go away-$1B dollars
That's nothing to the NFL.

ShowtimeSBMVP 08-29-2013 10:56 AM
<blockquote class="twitter-tweet"><p>Attn!: &quot;settlement does not represent ... an admission by the NFL of liability, or an admission that ... injuries were caused by football.&quot;</p>&mdash; Mike Garafolo (@MikeGarafolo) <a href="https://twitter.com/MikeGarafolo/statuses/373126656690765824">August 29, 2013</a></blockquote>
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Rain Man 08-29-2013 10:59 AM
If I was the NFL I'd do the settlement only on the condition that the kickers and punters who sued don't get a penny. I know there was at least one. Does anyone know of a full list of litigants?

DJ's left nut 08-29-2013 11:00 AM
Quote:
Originally Posted by Mr. Laz (Post 9923086)
I imagine the NFL would make 'ass coverage' part of the settlement.


Why agree to any settlement if you are just going to get sued again in a year or two.
Because you can't.

I cannot force non-parties into a global settlement. They can't unilaterally decide the rights of individuals that are not parties to the cause of action.

And since this settlement clearly indicates that there is no admission of liability and no decision on the merits has been reached, this can't even be used to collaterally estop a later claim by non-parties.

The NFL can't dispose of all claims here unless nobody elected to opt out of the suit. I can't imagine that's the case.

Mr. Laz 08-29-2013 11:06 AM
Quote:
Originally Posted by DJ's left nut (Post 9923107)
Because you can't.

I cannot force non-parties into a global settlement. They can't unilaterally decide the rights of individuals that are not parties to the cause of action.

And since this settlement clearly indicates that there is no admission of liability and no decision on the merits has been reached, this can't even be used to collaterally estop a later claim by non-parties.

The NFL can't dispose of all claims here unless nobody elected to opt out of the suit. I can't imagine that's the case.
then why would the NFL agree to any settlement?


tomorrow a new group of players gets together and sue for another billion and then another after that and after that ...

Rain Man 08-29-2013 11:09 AM
Here's a list of about half of the litigants. The link that supposedly has the whole list doesn't work. http://nflconcussionlitigation.com/?page_id=274

Concussion Complaint - Plaintiffs
Spoiler!

lcarus 08-29-2013 11:11 AM
Quote:
Originally Posted by Dr. Gigglepants (Post 9923082)
$102K after attorneys fees? Lol
Posted via Mobile Device
Plus they got paid when they were playing.

Skyy God 08-29-2013 11:15 AM
Quote:
Originally Posted by DJ's left nut (Post 9923078)
Honestly, I'm not sure how.

It would depend on the notice sent to the 'class' and exactly what the class consists of. If it consists of all NFL players that to have played over the last 40 years, then theoretically it could largely resolve the matter.

However, I'm certain a fair number of these guys would've opted out of the class in order to maintain their own cause of action in the future. If that's the case, this settlement has no binding effect on them.

Perhaps someone with actual class action experience can fill in some details, but I don't see how this can be binding on any members of the class that elected to opt out or may not have rec'd notice. I also think that's how they came to this '4,500 litigants' language; the class is incredibly broad ("All NFL players since the Magna Carta") and any player that was included in that class that rec'd notice but did not proactively opt out of the class is deemed a litigant.
I don't think it can. Presumably players with serious injuries (e.g., Junior Seau, Dave Duerson) opted out.

Mr. Laz 08-29-2013 11:16 AM
Quote:
Originally Posted by Rain Man (Post 9923124)
Here's a list of about half of the litigants. The link that supposedly has the whole list doesn't work. http://nflconcussionlitigation.com/?page_id=274

Concussion Complaint - Plaintiffs


+endless list of names...................
WTF


Fail

Rain Man 08-29-2013 11:17 AM
Quote:
Originally Posted by Mr. Laz (Post 9923134)
WTF


Fail

Yeah, sorry. I wanted to post the full list but can't find it.

lcarus 08-29-2013 11:17 AM
Quote:
Originally Posted by Rain Man (Post 9923124)
Here's a list of about half of the litigants. The link that supposedly has the whole list doesn't work. http://nflconcussionlitigation.com/?page_id=274

Concussion Complaint - Plaintiffs

Earl, Robin
Easley, Kenneth
Easlick, A Doug
Easterling, Charles Ray
Eatman, Irvin
Eaton, Chad
Eaton, Scott
Eaton, Tracey
Ebersole, John
Ebersole, John
Edelman, Brad
Edewards, Kalimba
Edmonds, Chris
Edwards, Dovonte
Edwards, Marc
Edwards, Mario
Edwards, Robert
Edwards, Timothy Jr.
Edwards, Tyrone
Egloff, Ronald
Ehin, Charles
Ellerson, Gary
Elliot, John
Elliott, Lin
Ellis, Craig
Ellis, Edward
Ellis, Kenneth
Ellis, Ray
Ellis, Richard
Elmendorf, Dave
Elrod, James
Emanuel, Bert
Engler, Derek
Epps, Phillip
Ernster, Paul
Esposito, Michael
Estes, Lawrence
Evans, Gregory
Evans, Larry
Evans, Michael
Everett, Kevin
Everett, Major
Everitt, Steve
Wonder when and why he got his concussion?

Rain Man 08-29-2013 11:19 AM
If you look at some of those names, the guys barely played. I picked a semi-random guy that I'd never heard of, and he appeared in 2 games in 1974. Does he get the same amount of money that a 15-year guy gets?

And heh. There's Dan Stryzinski on the list. Talk about a money grab. Did Stryzinski ever get hit in the NFL?

Rain Man 08-29-2013 11:20 AM
Quote:
Originally Posted by lcarus (Post 9923139)
Wonder when and why he got his concussion?
Maybe it happened in the locker room after the game.

DJ's left nut 08-29-2013 11:21 AM
Quote:
Originally Posted by Mr. Laz (Post 9923121)
then why would the NFL agree to any settlement?


tomorrow a new group of players gets together and sue for another billion and then another after that and after that ...
Because shit happens and they needed to deal with this group of 4,500.

This isn't a grey area - the court has no jurisdiction over non-parties to this suit. As such, any settlement agreement reached to dispose of this suit is not binding on the non-parties. It has no effect as a contract, settlement or otherwise.

If the new group of players that gets together tomorrow either A) wasn't included in the class or B) Elected to opt out of the class, they're more than within their legal rights to sue the NFL again.

And a year later, yet another group can do it.

The NFL can't enter into a prospective settlement agreement with a class of plaintiff's that hasn't even been identified yet. All they can really do is dispose of what's in the past and better prepare themselves for suits in the future.

DJ's left nut 08-29-2013 11:22 AM
C'mon, Rainman - you're an old pro here.

Spoiler tag that crap....

Ace Gunner 08-29-2013 11:26 AM
Quote:
Originally Posted by Rain Man (Post 9923066)
Great. Can players start hitting with their heads again now?

this

DaneMcCloud 08-29-2013 11:26 AM
Unbelievable. The NFL got off too easy, IMO.

When Jerry Jones sells $300 million dollars worth of luxury suites each season, $765 million for 4,500 players is a pittance.

crossbow 08-29-2013 11:27 AM
Quote:
Originally Posted by Mr. Laz (Post 9923079)
so you're saying that people with concussions have bad judgement?
No, but they are more likely to recharge their batteries.

Rain Man 08-29-2013 11:27 AM
Quote:
Originally Posted by DJ's left nut (Post 9923152)
C'mon, Rainman - you're an old pro here.

Spoiler tag that crap....
Oh, hey. That's a good idea. Be right back.

Pablo 08-29-2013 11:28 AM
Rainman brings the funneh.

Rain Man 08-29-2013 11:29 AM
Done. Since the kicker that shall go unnamed's name was in it I wasn't sure if I should use the NSFW tag, but I just went with the regular spoiler.

Frosty 08-29-2013 12:00 PM
Quote:
Originally Posted by Rain Man (Post 9923124)
Here's a list of about half of the litigants. The link that supposedly has the whole list doesn't work. http://nflconcussionlitigation.com/?page_id=274

Bennett, Donnell
Heh - I guess running into the line and falling down gives you concussions.

ShowtimeSBMVP 08-29-2013 12:08 PM
<blockquote class="twitter-tweet"><p>Why NFL teams should be smiling: Average NFL team takes in $286m per year. Each team will owe about $30m, incl atty fees, in settlement.</p>&mdash; Peter King (@SI_PeterKing) <a href="https://twitter.com/SI_PeterKing/statuses/373144825136029696">August 29, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

Bearcat 08-29-2013 12:30 PM
Hmmm...

Average NFL attendance of 67,570 * 8 home games = 540,560

$30,000,000 / 540,560 = $55 per fan per game



Quote:
Originally Posted by ChiefsandO'sfan (Post 9923262)
<blockquote class="twitter-tweet"><p>Why NFL teams should be smiling: Average NFL team takes in $286m per year. Each team will owe about $30m, incl atty fees, in settlement.</p>&mdash; Peter King (@SI_PeterKing) <a href="https://twitter.com/SI_PeterKing/statuses/373144825136029696">August 29, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

ShortRoundChief 08-29-2013 01:00 PM
Quote:
Originally Posted by Frosty (Post 9923248)
Heh - I guess running into the line and falling down gives you concussions.
More than likely he was concussed by running head first into Grunhard's posterior.

DaneMcCloud 08-29-2013 01:25 PM
Quote:
Originally Posted by Bearcat (Post 9923285)
Hmmm...

Average NFL attendance of 67,570 * 8 home games = 540,560

$30,000,000 / 540,560 = $55 per fan per game
The payment is spread out over 20 years.

The first three years, each team will owe $3.9 million. From there on out, they'll pay $703k for 17 years.

The NFL got off easy.

ShowtimeSBMVP 08-29-2013 01:28 PM
Quote:
Originally Posted by DaneMcCloud (Post 9923379)
The payment is spread out over 20 years.

The first three years, each team will owe $3.9 million. From there on out, they'll pay $703k for 17 years.

The NFL got off easy.

Not really how do you prove it didn't happen in High School or College? Sould the players sue them?

vailpass 08-29-2013 01:32 PM
Quote:
Originally Posted by DJ's left nut (Post 9923148)
Because shit happens and they needed to deal with this group of 4,500.

This isn't a grey area - the court has no jurisdiction over non-parties to this suit. As such, any settlement agreement reached to dispose of this suit is not binding on the non-parties. It has no effect as a contract, settlement or otherwise.

If the new group of players that gets together tomorrow either A) wasn't included in the class or B) Elected to opt out of the class, they're more than within their legal rights to sue the NFL again.

And a year later, yet another group can do it.

The NFL can't enter into a prospective settlement agreement with a class of plaintiff's that hasn't even been identified yet. All they can really do is dispose of what's in the past and better prepare themselves for suits in the future.
Does it get harder to certify a class after a suit has been settled?

DJ's left nut 08-29-2013 01:40 PM
Quote:
Originally Posted by vailpass (Post 9923396)
Does it get harder to certify a class after a suit has been settled?
You mean a later class? No, it shouldn't.

Because the members of that later class were in no way obligated to be a part of the original class. If the courts held that any later classes are subject to a higher burden, they're essentially saying that the members of that class had an obligation to take part in the prior class action.

I guess it's not impossible; judges allow bias to creep in quite often. But really, class certification isn't terribly difficult.

Bearcat 08-29-2013 01:43 PM
Quote:
Originally Posted by DaneMcCloud (Post 9923379)
The payment is spread out over 20 years.

The first three years, each team will owe $3.9 million. From there on out, they'll pay $703k for 17 years.

The NFL got off easy.
Well, that takes it down to about $7 per fan per game for the first 3 years, not including pre/post season games... in completely unrelated news, parking at Arrowhead is now $35.

vailpass 08-29-2013 01:52 PM
Quote:
Originally Posted by DJ's left nut (Post 9923415)
You mean a later class? No, it shouldn't.

Because the members of that later class were in no way obligated to be a part of the original class. If the courts held that any later classes are subject to a higher burden, they're essentially saying that the members of that class had an obligation to take part in the prior class action.

I guess it's not impossible; judges allow bias to creep in quite often. But really, class certification isn't terribly difficult.
Thanks.

Skyy God 08-31-2013 08:42 PM
Keith Olbermann rebuts Prisco's ridiculous column.

<iframe width="420" height="315" src="//www.youtube.com/embed/d6OklMbxkw8" frameborder="0" allowfullscreen></iframe>


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