Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Breaking Down the NFL's Growing Concussion Lawsuit Rate

Author: Scarinci Hollenbeck, LLC

Date: June 11, 2014

Key Contacts

Back

There seem to be more and more ongoing lawsuits against the NFL

A majority of these suits (most of them are of the concussion lawsuit nature) involve players who are asserting the league is responsible for their severe and chronic injuries, including the legendary quarterback Dan Marino who joined the latest suit, but subsequently withdrew his name.

Marino and 14 other former NFL players filed the lawsuit in a Pennsylvania federal court May 28, joining the ranks of the more than 4,500 other players who have filed similar lawsuits, according to USA Today. Players have accused the league of misleading players as to the long-term dangers of concussions. The plaintiffs and the NFL managed to agree on a settlement of $765 million in August, an agreement that a federal judge rejected in January on the grounds that it would provide insufficient funds to pay all claimants over its lifetime.

There is much speculation about whether the NFL can win the lawsuit or not. To see what the league is confronting, let’s take a look at the official counts listed in the document.

What’s inside the lawsuit

The lawsuit from which Marino withdrew, but the 14 other former players continue to support, alleges several counts of wrongdoing on behalf of the NFL.

  1. Fraudulent concealment – The plaintiffs allege that the NFL concealed facts and information that caused them to be exposed to harm. In this case, the information refers to the long-term dangers that players faced from concussions. Under contract law, a plaintiff can recover from a defendant if he or she can prove that the defendant knew about, but concealed a fact in order to deliberately mislead him or her, and that he or she suffered damage as a result.
  2. Civil conspiracy – The lawsuit alleges that the NFL “actively, aggressively and deliberately” conspired with team members and contractors to discount the connection between multiple concussions, the NFL’s “return-to-play” policy and long-term health effects of head injuries. Conspiracy generally carries no punishment on its own, but rather allows all members of a conspiracy to be charged with the penalties for the illegal acts carried out as a result. For example, a team owner might hypothetically be charged if it could be proven that he or she conspired with a coach to illegally return players to the field, even if the owner did nothing explicitly against the law.
  3. Negligence – Negligence differs from civil conspiracy in that it doesn’t require that the defendant’s wrongdoing be deliberate. The count alleges that the NFL “knew or should have known” that its action or inaction would cause harm to its players, toward whom it assumed a duty. Negligence holds people responsible for acting in a way that someone of ordinary prudence would have in the same circumstances.
  4. Damages – A count of damages alleges that the defendant caused the plaintiff to experience costs, loss of earnings and physical or mental suffering as a result of the defendant’s actions. In this case, the damages resulted from the long-term health effects of multiple concussions. Damages come in the form of monetary compensation, and can be compensatory – like in the current case – or punitive.
  5. Medical monitoring – This final count describes the monitoring necessary to keep plaintiffs safe as a result of their now greater risk of medical illness or injury. The plaintiffs may require specialized testing that is not generally given to the public.

The lawsuit seeks a variety of damages, attorneys’ fees, costs of suit and further relief as deemed just and proper by the court.

If you have any questions about this post or would like to discuss your sports and entertainment matters, please contact ScarinciHollenbeck.com. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!