Today the Third Circuit court of Appeals upheld Judge Brody’s opinion approving the Players settlement with the NFL in the concussion litigation. The three judge panel agreed with Judge Brody that the settlement agreement was fair, adequate, and reasonable under the law and made no changes to the previous agreement.
We expect that the objectors (who appealed in the first place) will appeal this Opinion to the Supreme Court of the United States. If they appeal, two things could happen.
- Ninety days from today the objectors must file a petition with the Supreme Court, which will take approximately four months to decide whether to take the case. If Supreme Court refuses to take the case, it’s over, and the settlement becomes effective. The Baseline Assessment Program (BAP) will commence 120 days after that date.
- If the Supreme Court takes the case, the appeal will last far longer, possibly another two years or more.
Obviously, everyone would like this case to conclude as soon as possible. We will continue to keep our clients apprised on all developments. As always, if you are a client and have any questions as we continue through this process regarding this matter or others (i.e. the 88 Plan, disability benefits, neurocognitive benefits), or believe that you are in need of immediate assistance, we can help you find a board certified doctor in your area.
As always, all members of our NFL team are available to speak with you at any time. The team working on the case includes:
Gene Locks 215-893-3434
Janet Lewis 215-893-3400
David Langfitt 215-893-3423
Michael Leh 215-893-3410
Marc Weingarten 215-893-3404
Karl Friedrichs 856-910-4304
Michael Galpern 856-910-4306
Please direct your questions to any of us using the above numbers or use our Toll Free number – 866-LOCKSLAW(1-866-562-5752).
The Third Circuit Opinion can be read in full here:
Third Circuit Opinion in NFL Concussion Litigation – March 18, 2016