Federal Court Hears Oral Argument on NFL Concussion Litigation Motion to Dismiss

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Oral arguments were heard in a federal district court in Pennsylvania earlier this month over the motion to dismiss filed by the National Football League regarding concussion injury litigation.

Plaintiffs contend that for many decades, the National Football League has withheld information on purpose and misstated the potential harm and safety risks that result from concussions and miscellaneous other injuries sustained by football players in the course of play. The legal filings include fraud and negligence claims.

The plaintiffs’ attorney summarized the NFL’s responsibilities to the players by stating at oral argument that the NFL was holding itself out to be the “guarantor of safety”.

Counsel for the defense claimed that the players’ collective bargaining agreement (“CBA”) preempts the athletes’ legal claims, and that the parties should engage in arbitration in lieu of the tort litigation process. He further noted the defendant’s position that the NFL, the players, and the teams each have involvement and share responsibility in regards to players’ well being and safety.

There are now over 4,000 individual plaintiffs participating in this and related litigation, and this figure is continuing to increase. These plaintiffs make up over 200 separate lawsuits that the court has consolidated and transferred to the Eastern District of Pennsylvania.

The National Football League Players’ Concussion Injury Litigation, has resulted in increased scrutiny from legal and sports circles. The plaintiffs in these cases include several former NFL players and/or their family members, who have suffered a variety of degenerative brain diseases or other related conditions due to incurring repeated concussions during the course of their NFL careers.

Following this hearing, the judge will decide if the case should survive the defendant’s assertions that the CBA preempts the injury claims, or whether it should be dismissed.

Litigation regarding concussions has focused primarily on the NFL, because of alleged misrepresentation by its doctors and officials. However, litigation is being filed against other potentially responsible parties, such as helmet makers. If you or a loved one has suffered on account of these types of claims, you may be entitled to file a claim.

If you have sustained an injury due to someone else’s negligence or carelessness, it is important that you retain the services of an attorney who is experienced in successfully handling personal injury cases.

If you or a loved one was hurt as a result of a personal injury case in Maryland or the Washington D.C. area, contact the experienced personal injury lawyers at Lebowitz & Mzhen.We have many years of experience in representing plaintiffs in a wide variety of different types of personal injury lawsuits. Our dedicated attorneys will work hard to ensure that you receive a fair settlement or judgment, and that you receive the financial compensation you are entitled to. You can reach us by calling 1-800-654-1949 or through our website, in order to discuss your case during your free, no obligation initial consultation.

More Blog Posts:

Parents Call for Passage of Federal Rear View Camera Law, Washington DC Injury Lawyer Blog, published April 16, 2013
U.S. Supreme Court to Rule on Liability of Generic Drug Manufacturers, Washington DC Injury Lawyer Blog, published April 9, 2013

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