The NFL is again trying to block discovery in a lawsuit into what it knew about the health risks of concussions, seeking a stay in a New York state court.
The NFL agreed to a roughly $1 billion concussion settlement without discovery. More than 150 players opted out of the settlement, but their individual cases in federal court now carry a discovery stay at the NFL’s request.
In New York, the case of the estate of Arthur DeCarlo is the only one linked to a former player that is not in federal court. Like the other cases, the lawsuit alleges that the NFL knew of the dangers of head injuries.
DeCarlo played in the 1950s and died in 2013. The lawsuit claims he died from chronic traumatic encephalopathy, a brain disease that has been linked to repeated blows to the head.
Last week, the NFL filed an appeal of the New York court’s January decision not to dismiss the case, and then asked the judge to stay all pending discovery. The judge this month ordered that discovery be completed by Aug. 31.
“Plaintiff here … will likely seek documents and depositions related to the NFL’s purported knowledge about the effects of head trauma, any research performed by the NFL or the Mild Traumatic Brain Injury (MTBI) Committee concerning head trauma, and any proposed NFL rule changes intended to protect against head trauma,” the NFL wrote.
The league’s position is that discovery should be coordinated with the federal court that is overseeing the opt-out cases and that, in the case of DeCarlo, discovery should not commence while the case is on appeal.
The league has also fought discovery in a case brought by insurers seeking to avoid paying for the concussion settlement. While in that case a state judge this year gave the green light to discovery, the league can also object to specific requests. A status conference in that case is scheduled for next week.
Plaintiffs in all the cases are likely to seek depositions of members of the MTBI committee. Formed in 1994 and disbanded in 2010, that committee is viewed by critics as working to underplay if not hide the dangers of head injuries.
