Court Turns Down Appeal To Undo NFL Concussion Settlement

The Third Circuit Court of Appeals yesterday afternoon turned down an appeal from seven former NFLers to undo the preliminary NFL concussion settlement, just one day after the court heard oral arguments. The court noted it would file the decision at later date. The players argued the settlement would not help them. The NFL and counsel for the proposed class disagreed, and contended the players could opt out of the deal if they did not like it, and in any event the appeal was premature given the settlement was only preliminary.

Because the court did not issue a decision in the initial denial notice, it is unclear if the rejection was on procedural grounds, or on the merits of their argument that the settlement was insufficient. Players have until next month to opt out of the settlement, and the following month the lower court has scheduled a fairness hearing where objectors can be heard. After that point Judge Anita Brody could formally approve the settlement.