Category Archives: Brain Damage

Will Football Litigation Change How The Game Is Played?

06 Saturday Feb 2016

Posted by in Brain Damage, Damages, Football Helmets, Litigation, NFL, Sports Law, Torts

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NFL Litigation May Forever Change Football, by Nick Farr, Abnormal Use Blog

http://abnormaluse.com/2013/08/nfl-litigation-may-ruin-football.html

If you are a football fan, you have probably heard about the concussion/brain injury litigation against the NFL. The litigation has been going on for quite some time and seems to be growing with every passing week. We here at Abnormal Use first wrote about it way, way back in 2011. Two years later, there appears to be no end in sight. While we have no idea when the litigation will end, we have a pretty good idea of how it might do so. More than likely, the numerous current and former player plaintiffs will find themselves the recipients of a hefty settlement. But the financial and legal ramifications of this suit should be the least of the NFL’s concern. We here at Abnormal Use fear that this litigation may put a nail in the coffin of football as we know it. . . .

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The Doctrine of Preemption in Sports Injury Litigation.

27 Saturday Dec 2014

Posted by in Brain Damage, Collective Bargaining Agreement, Labor Management Relations Act, NFLPA, Prescription Drug Litigation, Sports Law

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Preemption is the Focus, by Paul D. Anderson Consulting, LLC, NFL Concussion Litigation

http://nflconcussionlitigation.com/?p=1722

It was a busy week in the sports-injury-litigation arena. The NFL Prescription Drug case (Richard Dent et al. v. NFL) continues to heat up as the NFL, NFLPA and retirees duke it out in court filings. And, in a different venue, the NFLPA received a favorable ruling in a concussion lawsuit (Smith et al. v. NFLPA). Both matters focus on the doctrine of preemption.

Ruling Imminent in Prescription Drug Litigation

This case is taking a very unorthodox route to a decision. Judge Alsup has taken a very aggressive and active role in seeking to flesh out the NFL’s position that the retirees’ claims are barred by the collective bargaining agreements (CBAs). This argument hinges on the NFL’s ballistic weapon of choice – preemption.

Judge Alsup posed several questions to the NFLPA – despite the NFLPA not being a party to the lawsuit. In response, the NFLPA contends that the players would be unable to grieve the specific claims alleged in the lawsuit. In other words, there is no provision in the CBAs that would require a court’s interpretation. The NFLPA’s responses triggered reactions from both sides.

The retirees interpret the NFLPA’s position as a resounding victory: the claims are not preempted by any provision of the CBAs.

The NFL, on the other hand, rejects the NFLPA’s position. . . .

Do Football Helmets Protect Children From Concussions?

18 Tuesday Feb 2014

Posted by in Brain Damage, Football Helmets, Sports Law

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Football Helmets And Concussion: A New Study Opens New Questions, By Melissa Healy, Science Now, Los Angeles Times

http://tinyurl.com/mfdx6z2

Here’s a novel idea, given that American parents send almost 4 million of their children out to play tackle football every year, despite mounting concerns about youth concussions: Maybe the helmets their kids wear should be tested and ranked on how well they prevent concussion.

A study to be presented at a meeting of the American Academy of Neurology attempts to do exactly that, comparing 10 of the most widely used football helmets in drop tests designed to measure the kinds of forces that are most likely to result in concussion.

The latest research finds that football helmets, which have been designed largely to prevent skull fractures and brain contusions, aren’t all that effective against concussion, which happens when the brain bounces and twists around inside the skull. . . .