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
    SEC Takes Actions Against Issuers for Failure to File Form D post image

    SEC Takes Actions Against Issuers for Failure to File Form D

    In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

    Author: Kenneth C. Oh

    Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
    Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

    Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

    On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

    Author: Matthew F. Mimnaugh

    Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
    What Are FIRPTA Withholding Requirements? post image

    What Are FIRPTA Withholding Requirements?

    If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

    Author: Jesse M. Dimitro

    Link to post with title - "What Are FIRPTA Withholding Requirements?"
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"

    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!

    Please select a category(s) below: