Monday, October 3, 2016

Retired NFL Players Sue to Block Settlement

BleacherReport is stating that a group of NFL retired players is trying to stop the 1 billion dollar concussion settlement.  Interesting info lies in the article below.  As someone who has had severe head trauma and has a buddy who is a retired player, I stand with the plaintiffs on this one...

A petition filed Monday by 31 former NFL players is asking the United States Supreme Court to block the $1 billion settlement between the league and players regarding its handling of concussions.
Maryclaire Dale of the Associated Press obtained the motion, which argued the NFL wouldn't be doing enough regarding future diagnoses of chronic traumatic encephalopathy (CTE). The settlement set a cutoff date of April 2015, which means players diagnosed with CTE after that date would not receive compensation.
The NFL has offered to pay players individual settlements of up to $4 million, depending on the severity of their conditions. In their motion, the players argued the deal violates Supreme Court rulings that state all members of a class-action settlement must be treated fairly.
A proposed settlement, which first took form in August 2013, has been tied up in court for more than three years. A federal judge blocked the initial settlement, asking the NFL to make sweeping changes that would ensure a potential money pool would not run out. Thesettlement was then preliminarily approved in July 2014 before hitting another roadblock, with the judge again asking the NFL to ensure an equitable agreement.
An appeals court upheld the final approval of the settlement in April this year.
"They risk making the perfect the enemy of the good," the court said of the players who objected that the settlement was too restrictive, per Ken Belson of the New York Times. "This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair."
The estate of former running back Cookie Gilchrist previously askedthe Supreme Court to look at the settlement in August.
"We live in a country that is governed by the rule of law," Jared Beck, one of the attorneys handling the Gilchrist estate, told A.J. Perez of USA Today. "We are pursuing the case on behalf of an extraordinary gentleman, Cookie Gilchrist. The settlement is unfair."
With the agreement tied up in litigation, none of the players or their families have received payment. Those handling the agreement from both sides have asked the courts to reject appeals so the payment process can begin.
It is unlikely that the Supreme Court would hear the case. As Perez noted, the Supreme Court hears about 1 percent of the petitions it receives each year. 

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