Why is the NFL Concussion Litigation Settlement Agreement in Jeopardy?: Examining the NFL Concussion Litigation Mediation Sessions, Settlement Agreement and Applicable Standards of Review

Abstract

In July of 2011, former NFL players and their representatives began filing lawsuits in federal courts around the country, alleging that the National Football League (NFL) breached its duties to the players by failing to take reasonable actions to protect players from the chronic risks created by concussive and subconcussive head injuries and that the NFL concealed those risks.Before the litigation could make it to trial, the NFL and former players utilized the mediation process to come to a settlement agreement. That settlement agreement, however, was denied in the preliminary approval stage. The presiding judge cited concerns about the ability of the settlement agreement to adequately compensate all of the potential claimants and asked the parties to submit documentation in support of their claims that the settlement agreement would be sufficient.This paper examines the mediation process, details of the settlement agreement and the applicable standards of review that the court must use in making a final determination on the adequacy of the agreement.