It wasn’t long after the National Football League reached a tentative settlement with players over their concussion lawsuit that “tentative” seemed to be sliding toward “tenuous.” It remains to be seen how many players will opt out of the settlement and pursue litigation—once the settlement is finalized.
Even before U.S. District Judge Anita Brody in Philadelphia held a hearing on the proposed $765 million settlement (at press time a hearing was still pending), critics were attacking it as inadequate. And numerous players began announcing their plans to opt out.
Key elements of the deal rankle players and critics. First, it puts limits on which players can seek payment. And it does not require the league to admit liability or turn over its research on concussions and brain damage. Documents could show if the league knew there was a link between repeated concussions and brain damage during the time it was denying any such link.
