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The NFL’s initial argument in response to the concussion lawsuits is that there should be no concussion lawsuits. Specifically, the league argues that the labor agreement requires these claims to be pursued via private arbitration.
It’s a forum far more favorable to employers and business interests, putting the issue in the hands of a retired judge or lawyer and avoiding a jury, which often decides civil cases based on notions of sympathy to the injured and/or a desire to redistribute wealth.
The primary concussion litigation, with more than 4,000 plaintiffs, resulted in a proposed nationwide settlement before the question could be resolved as to whether the cases should be kicked out of court.
NFL suffers major setback in concussion cases | ProFootballTalk
"What the hell are you doing, Roger?"
-Scott Fujita
It’s a forum far more favorable to employers and business interests, putting the issue in the hands of a retired judge or lawyer and avoiding a jury, which often decides civil cases based on notions of sympathy to the injured and/or a desire to redistribute wealth.
The primary concussion litigation, with more than 4,000 plaintiffs, resulted in a proposed nationwide settlement before the question could be resolved as to whether the cases should be kicked out of court.
NFL suffers major setback in concussion cases | ProFootballTalk
"What the hell are you doing, Roger?"
-Scott Fujita