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Late appeal moves NFL concussion case to Supreme Court
A last-minute appeal in the National Football League concussion case sends the proposed settlement to the U.S. Supreme Court and delays payouts for at least several months.
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Additionally, a spokesperson for the co-lead counsel representing the class of retired players told Omnisport on Wednesday, more players who were part of the group that objected were granted an extension through September 19 to file an appeal to the Supreme Court.
“This enormous settlement was settled without a shred of evidence (presented) by the NFL”.
“It’s been a long road and I guess there comes a point in time when you see the end of the road”, Faneca told The Post, conceding that the chances of getting the high court to overturn the deal were slim.
In the original class-action suit, thousands of former players accused the NFL of covering up the known risks of concussions suffered in the violent sport, in an effort to return players to the field and prevent tarnishing the league’s image.
“We believe the Supreme Court should deny the appellants’ petition, as these objections have now been exhaustively examined and overruled by the both the District Court and the Third Circuit”, Seeger said. If denied, that would be the last stop in the appeals process, and retired players would start receiving benefits immediately.
Contrary to earlier reports, the Estate of Cookie Gilchrist, who played six AFL seasons prior to the merger, filed a petition just before the deadline that attacks certain scientific aspects that underpin the settlement.
Former Jets All-Pro offensive lineman Alan Faneca, among those who opposed the settlement, had indicated to the Post that they had dropped their appeal “for the greater good of everybody”. Which means that the three-year delay in transforming the settlement into payments to eligible former players will continue, indefinitely.
Players with neurocognitive impairment can receive up to $3 million.
For those rooting against the appeal so they could move past this settlement and collect their money, it seemed like all was well when the appeal was denied.
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The attorney who represented the players in the settlement, Tom Girardi, said up to 1,500 could be eligible for payments within three months.