Mediation in NFL Concussion Lawsuit
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Last winter, Rick Weiler and I posted comments on this blog on a mediation success story when the NHL Lockout dispute was successfully resolved. Reporting on the commencement of that mediation, Rick wrote: “one thing for sure, given hockey’s near sacred status in Canada, all eyes will be on this mediation. It may provide a very high profile example of the value of the mediation process.” The mediation was indeed successful and attracted a considerable amount of public attention and interest in ADR. The new case, while in many respects different, will invariably put the spotlight on mediation.
Last Monday, a US federal judge ordered mediation between the National Football League (NFL) and its former players. More than 4,200 players have filed a suit against the NFL alleging that their head injuries had been caused by professional football. The plaintiffs’ attorneys are seeking damages for diagnosed brain injuries, and funds to create a monitoring system for retirees.
The NFL argued that the dispute should be governed by the collective bargaining agreement (CBA) in place, and hence not be heard before a federal district court. In response, the players’ attorneys argued that the NFL had committed fraud, thus voiding the CBA’s rules about disputes. They also focused on around 300 athletes who played before 1968 or between 1988 and 1993, when no CBA existed.
Read original articleTags: National Football League, NFL
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