The attorney for former San Diego State University offensive lineman Anthony Nichols have suggested that a federal judge’s recent approval of the NFL’s concussion settlement means the NCAA’s settlement is effectively dead in the water.
Specifically, Chicago attorney Jay Edelson, who represents Nichols, said that the NCAA deal “falls far outside the range of possible approval,” according to an article on CBSSports.com
“Edelson argues that Brody’s NFL order resolves three critical points in the ongoing NCAA dispute between plaintiffs’ lawyers:
“* The Arrington lawyers’ attempt to certify and settle the claims of people with and without current concussion-related injuries ‘without any procedural safeguards betrays a serious and unaddressed conflict of interest,’ and violates federal rules tied to class actions.
“* The main justification by Arrington’s lawyers that they are trading away personal injury claims because they cannot be certified ‘is flatly incorrect.’
“* Brody’s evaluation of 300 individual claims filed on behalf of 5,000 retired NFL players disproves the Arrington’s lawyers ‘speculative theory that class members would prefer individual litigation of personal injury claims over class treatment.’ Brody concluded that class treatment of personal injury claims was preferred because only 1 percent of the NFL class had elected to pursue separate litigation, Edelson wrote.”
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