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NFL predicts a dismissal of new CTE lawsuit

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Former NFL defensive lineman Tracy Scroggins has sued the NFL under a variety of legal theories arising from the league’s alleged efforts to conceal the risks of head trauma arising from football. The NFL is confident that the lawsuit will fail, quickly.

“The complaint is barred by the concussion litigation settlement and we expect it to be dismissed,” NFL V.P. of communications Brian McCarthy said in a statement released to PFT. “Mr. Scroggins is a member of the settlement class and did not choose to opt out. He is eligible to pursue the benefits provided under the settlement agreement, but may not pursue any action in court, either on his own behalf or on behalf of other former players, more than 99 percent of whom have accepted the settlement.”

Scroggins possibly attempted to distinguish himself and other class members from the pending settlement by limiting it to players with a preliminary diagnosis of Chronic Traumatic Encephelopathy, given that the proposed settlement pays nothing to players who have CTE during their lifetimes and contains no such limitation.

The arguments made by Scroggins will become particularly relevant if the U.S. Court of Appeals for the Third Circuit refuses to approve the settlement of the massive, nationwide concussion class action. A group of former players have argued that the settlement doesn’t provide them with sufficient protection; if the Third Circuit agrees, the litigation will proceed, in a climate that increasingly seems to be more favorable to the interests of the players who are seeking justice.

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12 Responses to “NFL predicts a dismissal of new CTE lawsuit”
  1. rolf1015 says: Mar 29, 2016 12:53 PM

    Well of course this is what they predict. Goodell’s NFL has become the big bully and in their minds, anyone that tries to get in their way will be squashed.

    When are the owners going to wake and realize the damage that Goodell is doing to this league. The NFL has thrived IN SPITE of Goodell, not because of him.

  2. sonhoodoo says: Mar 29, 2016 12:57 PM

    Roger Goodall’s To Do List:
    Fire Jeff Pash

    NFL Owner’s ToDo List:
    Fire Roger Goodell

  3. willycents says: Mar 29, 2016 12:59 PM

    ” more favorable to the interests of the players who are seeking justice.”

    more favorable to the interests of the players who are seeking another big payday.

    There, fixed it

  4. patsbrat says: Mar 29, 2016 1:01 PM

    “The complaint is barred by the concussion litigation settlement and we expect it to be dismissed,” NFL V.P. of communications Brian McCarthy said in a statement released to PFT. “Mr. Scroggins is a member of the settlement class and did not choose to opt out.”

    NFL league office, please forgive Mr. Scroggins for any confusion – HE CAN NO LONGER THINK STRAIGHT!

  5. tonebones says: Mar 29, 2016 1:08 PM

    There is so much new research that’s proving that the high carb/ low fat diet that Americans have been on for the last forty years is causing brain inflammation in a lot of people who aren’t able to process the glutens. It’s kind of like peanut allergies. Some are mild, some are severe, some are deadly, and some aren’t even present. Glutens work the same way. The high gluten diet is likely the cause of autism, dementia, and other brain issues, or at least it combines with other things in our environment to make the brain problems more prevalent in some than in others. Millions of Americans are suffering, and only a small handful ever stepped onto a football field. This is why more research is needed, and we shouldn’t jump so quickly toward wrong conclusions. If we really want to get to the bottom of this, we’ll keep digging. If we just hate football, we really don’t require any proof at all. We’ll just throw out most of the available science, and pick and choose pieces here and there that satisfy our agenda.

  6. eddiea25 says: Mar 29, 2016 1:12 PM

    I’ve been pro player and pro union all my life. Guess what, players choice to play,no one is twisting your arm , have them sign waivers. Make all you can while you can, but in reality everyone is a spare part in a junkyard. Make the money and run.

  7. weepingjebus says: Mar 29, 2016 1:18 PM

    He also has a claim for defamation against the NFL for forcing him to wear a Lions uniform his entire career.

  8. nflviewer says: Mar 29, 2016 1:32 PM

    “When are the owners going to wake and realize the damage that Goodell is doing to this league. The NFL has thrived IN SPITE of Goodell, not because of him.”

    What is this nonsense? Sports commissioners serve with the consent of the owners. Commissioners simply reflect what the owners want. When the owners no longer approve, they fire the commissioner (as happened to former baseball commissioner Fay Vincent).

    Goodell is simply doing what a majority of the owners want him to do.

  9. ( . Y . ) says: Mar 29, 2016 1:43 PM

    I fully understand the idea that Goodell is taking a public beating so that the owners don’t have to. And he is paid very well to do that. But there is a hole in that concept. Whether or not the fans are aiming their hate at Goodell, or at the owners, they are still getting turned off. Whether a fan stops watching because he hates Goodell, or he stops watching because he hates Irsay (just a random example), either way the fan is gone. So what is the point of having a public punching bag who turns off the fans?

    It is time for the NFL to get rid of Goodell. But its also time that the NFL hires someone to actually run the league, not make decisions based on back door dealing with certain owners

  10. ( . Y . ) says: Mar 29, 2016 1:52 PM

    So tonebones thinks that the NFL should force their players to go gluten free, and that will solve the concussion problems. Thanks tonebones.

  11. ivanpavlov0000 says: Mar 29, 2016 2:11 PM

    As if CTE lawsuits are all about players going for quick and easy money…

    I think it’s interesting how many people like players as abstract entities, but hate them when they’re forced to look at them like regular human beings.

  12. bachsofrain says: Mar 29, 2016 5:42 PM

    With J. Seau among the players unable to defend himself. Other players like QB J. McMahon are former shells of themselves. The game has caused many players damages they never considered, while the owners keep making $. Paying the players won’t change what’s happened but it may make the owners more aware of the players risks.

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