There is a settlement in the NFL concussion litigation, Judge Brody has announced.

[DJ's left nut]

Originally Posted by Mr. Laz

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.

[vailpass]

Originally Posted by DJ's left nut

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]

Originally Posted by vailpass

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.

[vailpass]

Originally Posted by DJ's left nut

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.