The ex-players who are suing the National Football League for concussion-related ailments have put together their legal team, and it’s packed with mass tort all-stars. The players will need that talent, since the NFL is trying to get the case dismissed by relying on a preemption argument that’s been a winner for the league in the past.
While players have been filing individual suits around the country since July 2011, the big game is now taking place in Philadelphia, where all of the actions were consolidated in a multidistrict litigation this past January before U.S. District Judge Anita Brody. As of mid-September, more than 3,500 former players had joined the action, seeking damages that could total in the billions. In a separate class action complaint also before Brody as part of the MDL, the players are demanding that the NFL pay for ongoing medical monitoring.
