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
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"

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!