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Judge Anita Brody Orders Mediation In NFL Concussion Lawsuits
Published July 9, 2013
BUCKLE UP: The WALL STREET JOURNAL’s Kevin Clark noted by "all accounts, the battle could take years to settle, with thousands of players' medical histories likely to become a point of contention.” Even cases of “demonstrable brain damage, for instance, will be subject to questions about when exactly that damage occurred -- in a professional game, in a college game -- or in a childhood fall from a tree?” The discovery period “alone could take two years.” For now, plaintiffs' attorneys “have focused on athletes who played before 1968 or between 1988 and 1993, when no collective bargaining agreements existed.” Players' attorney David Frederick said that those cases “render moot the NFL's argument about CBA jurisdiction.” There are “around 300 players in the suit who fall into that category.” NFL attorney Paul Clement in April said that those “would be the toughest cases to defend, but stressed that [the] league's ‘unprecedented’ benefits apply even to the so-called gap-years players” (WSJ.com, 7/8).