Head Injury Litigation: Why No NCAA?

Excellent points. Thanks for responding.

And the other issue is that the NFL is a much deeper pocket. As a practical matter, it is much easier to bring a single class or mass tort action against the NFL, which has centralized decision-making for settlement purposes, rather than suits against a hundred different colleges in different lawsuits with, as Chuck pointed out, different immunity or limitation of liability statutes in each state.

But at the very least, this would seem to be a causation or affirmative defense of the NFL--we didn't cause the problem or other entities with equal fault caused part of the problem. My question raises a hundred different issues (with many in turn raising the issue of which state's substantive law might apply).

But it seems just a matter of time before some players try to sue the NCAA and the colleges.