The answer is when it involves 20,000 former NFL players who are still suffering the physical effects of countless hits from playing football.
The former NFL players objected to the $1 billion dollar concussion litigation settlement claiming it was inadequate to fully compensate them for their long term medical problems.
A Federal Appeals court did not see it that way.
Pittsburgh wrongful death, medical malpractice, car accident and criminal defense attorney Bernie Tully found the reasoning of the courts decision persuasive.
The court said was that this might not be a perfect settlement for the NFL and the former players but in fact it was a fair one.
Thus the court approved the settlement.
Pittsburgh wrongful death, medical malpractice, slip and fall car accident and criminal defense attorney Bernie Tully believes a court of law is sometimes called upon to decide a controversial legal issue.
Courts do not go out of their way to tackle issues like this, but when they are forced to, they do not shy away from their legal duties.
The court was probably very sympathetic to the plight of the former players.
They probably understood that the NFL through its ownership often used the old-time players like cattle in order to get more and more fans in the seats.
What the court said here was by the NFL putting up the $1 billion dollars it was in fact acknowledging it’s past misdeeds to these players.
Check out the Legal Intelligencer article below:
“Over objections from dozens of retired National Football League players, a federal appeals court has upheld the league’s $1 billion concussion litigation settlement that would compensate more than 20,000 former players.
The U.S. Court of Appeals for the Third Circuit on Monday morning affirmed the holding of the lower court that the settlement was adequate compensation for players suffering from an array of brain injuries, including Alzheimer’s and Parkinson’s diseases.
Roughly 90 players took issue with the settlement—reached in April 2015 after extended debate—because it didn’t include payment for players diagnosed with chronic traumatic encephalopathy (CTE).
CTE is a degenerative neural disease associated with repeated blows to the head. It was historically referred to as dementia pugilistica, or the state of being “punch drunk.” Currently, CTE can only be found through autopsy.
But despite those players’ objections, Third Circuit Judge Thomas L. Ambro wrote in the court’s opinion that there is no such thing as a perfect settlement.
The objectors “aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives,” Ambro said. “But they risk making the perfect the enemy of the good. This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers, and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair.”
What do you think of this decision?
Thanks for reading.
Bernie the Attorney