Two former NFLers have accused the league of "'explicitly and deliberately' discriminating against hundreds if not thousands of Black players who filed dementia-related claims in the landmark concussions settlement reached in 2013, making it harder for them to qualify for payouts worth as much as $3 million," according to Ken Belson of the N.Y. TIMES. In two legal actions filed yesterday in the U.S. District Court in Philadelphia, the players "asked that the judge stop the league from insisting that race-based benchmarks be used to evaluate players' claims." They also "asked that the scores on Black players' neurocognitive exams be recalculated using 'race-neutral' scales that would put them on an even footing with white players." Zuckerman Spaeder partner Cyril Smith is the lead counsel for the two Black former players, Najeh Davenport and Kevin Henry. The allegations of systematic discrimination are the "latest and perhaps most damning criticism of the settlement." The claims come at a "particularly awkward time for the NFL, which has battled the perception that it has dismissed the concerns of Black players, who make up about 70 percent of the league's active players" (N.Y. TIMES, 8/26).
