Seau Estate Wants To Move Claim Against NFL To State Court

The estate of late NFLer Junior Seau plans to file a motion in Pennsylvania federal court to remove his claim against the NFL and litigate it in California state court, said Steve Strauss, an attorney for the family. Strauss announced earlier this week the Seau family would opt out of the preliminary concussion settlement, saying it wants to know what happened to their father, who killed himself.

However, the Seau claim is at the mercy of U.S. District Court Judge Anita Brody, who has set Oct. 16 as a date for opt-outs of the settlement to come in. After that date, Strauss said, he would file to move the case, though Brody could rule no new lawsuits can commence until final settlement. Strauss said he would then want to begin discovery and deposing league officials, something that has not occurred to date. Next week, the Third Circuit Court of Appeals will hear oral arguments in an appeal from another group of players opposed to the settlement to which that Brody gave her preliminary approval.