The parties to the class action NFL concussion litigation filed a revised settlement proposal in the Federal District Court for the Eastern District of Pennsylvania. Recall that in January, the Court ordered the parties back to the settlement drawing board, largely over concerns that the proposed $765 million cap on awards was simply too little to cover the costs and damages incurred by players suffering from neurological disease over decades.
I cannot seem to locate a copy of the revised settlement proposal; I do not have access to PACER and cannot seem to find it on the E.D. Pa web site. But I’ll offer some quick preliminary thoughts here on the major changes to the settlement as is being reported in the media. I’ll try to come back around and update the post if and when I am able to read the entire proposal.
(Bear in mind, I am fortunate to have practiced some mass tort litigation for a few years — on the defense side only — so while it has been some time, and while I was never an expert, I have a bit of a window into some of tactical and strategic issues at play in mass tort settlement negotiations).