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
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"

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.

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