Roger Goodell, commissioner of the National Football League. Photographer: Chris Goodney/Bloomberg
Key Takeaways

• Settlement unfair to some players, objectors say

• Class settlement legal analysis questioned

Roger Goodell, commissioner of the National Football League. Photographer: Chris Goodney/Bloomberg

NFL Concussion Deal Challenged at High Court

By Steven M. Sellers, Bloomberg BNA

The National Football League’s $1 billion concussion settlement should be rejected, according to a Supreme Court petition filed Sept. 26.

The deal unfairly denies compensation to some former players and circumvents due process standards for class action settlements, the petition says.

The settlement would create a compensation plan for more than 20,000 former NFL players already diagnosed with chronic traumatic encephalopathy or other concussion-related brain diseases, worth up to $4 million each.

But players diagnosed after the settlement would get nothing, thirty-one former NFL players say in their petition.

This is unfair, they argue.

CTE is a degenerative brain disease associated with repetitive head impacts, such as those that may occur in football and other collision sports. The disease has been found in the brains of some deceased NFL players.

The U.S. Court of Appeals for the Third Circuit also misapplied Supreme Court standards for approving class action settlements, the petition states. The Third Circuit approved the deal last April, and a petition to have the case reconsidered by the entire court was turned down in June (17 CLASS 597, 6/10/16).

Representation of Raymond Armstrong and other the petitioners in the case includes Gupta Wessler, The Coffman Law Firm, the Webster Law Firm and Weller, Green Toups & Terrell.

The Case is: Armstrong v. Nat’l Football League, U.S., petition filed9/26/16.

To contact the reporter on this story: Steven M. Sellers at sSellers@bna.com.

To contact the editors responsible for this story: Steven Patrick at spatrick@bna.com; Nicholas Datlowe at nDatlowe@bna.com.

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