Next wave of concussion lawsuits hits conferences, and for Penn State, schools
The next wave of lawsuits are being filed, except this time it is more than just the NCAA, and includes conferences and universities as well. This IS a big deal and has potential to be very problematic, particularly if conferences and individual schools are held liable.
http://www.cbssports.com/college-football/news/next-wave-of-concussion-…
Former college football players at Penn State, Auburn, Georgia, Oregon, Utah and Vanderbilt are suing the NCAA, their former conference and -- in some instances -- their former school over how their concussions were treated.
Six class-action lawsuits filed Tuesday represent the start of the next wave of concussion litigation in college sports, even as the NCAA finalizes a $75 million settlement from a different lawsuit related to concussions. Chicago attorney Jay Edelson, who is leading this latest effort to sue the NCAA, said 40 to 50 class-action lawsuits will eventually get filed on behalf of tens of thousands of ex-football players.
"The goal of the suits is to get people who are injured financial compensation -- something that hasn't happened as of yet," Edelson said.
A federal judge in Illinois gave preliminary approval in January to the NCAA's settlement from a 2011 lawsuit brought by former Eastern Illinois football player Adrian Arrington over how the association handled concussions. The judge had one significant caveat: Athletes could still sue their university, conference and the NCAA as a class under certain terms, meaning the NCAA didn't receive the blanket immunity it sought.
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because it's different than fighting, say, the industrial/agricultural complex which is an oligarchy and has huge players. in this case college football is a conglomeration of hundreds of smaller parts and if no insurance is available then yes, it could happen. i certainly don't want it to, but don't be so naive to the possibility.
It wouldn't prohibit suits against the conferences or the NCAA though.
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The cost to play, as in insurance premiums, could be the proverbial straw that puts football in jeopardy. While some of the larger programs might be able to afford the premiums, most schools won't be so lucky. Premiums won't be low as they would have to cover medical expenses and then some for very long periods of time.
Don't carry insurance. Make the players, and their parents, sign strict liability wavers if they want to play. I'll bet 90% of current D1 players would roll the dice and sign.
Any ethical concerns about a situation where you know a percentage of your players end up suffering with CTE/ALS? What if one of those afflicted were Denard Robinson at age 35 or 40? Would it still be acceptable, going forward, with ignoring some of these adverse outcomes even if you create a contract that avoids legal recourse?
The NFL won't tell players to self-insure, and neither will they be able to afford the insurance. The NFL will wither on the vine. Given that, just how many players do you think there will be volunteering to have their heads crushed with no possiblity of any future pots of gold?
Two years is quite quick to be prediciting the demise of football as we know it, but I do agree the end of tackle football is clearly within sight. I think sometime in the next 10-15 years the last National Championship game will have been played.
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Yes, very
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Did anybody else see former Eastern Illinois player Adrian Arrington and go ''huhhhhh?''
The real question here is whether the courts decide that the protocol now in place is sufficient to safeguard against lawsuits going forward. I believe that will determine the fate of college football. They can survive the settlements with former players if the conditions that allowed for the lawsuits are no longer a concern. If not, if the lawyers and/or insurers keep telling them to add more rules that destroy tackling, it will die due to fans just losing interest, or if they risk the lawsuits, the college presidents stepping in to prevent football from bankrupting the school
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Anybody with $50 can file a lawsuit - doesn't mean they will win.
Filing for a class against an entire industry of 100s of schools accross 50 states will be near impossible.
Going after individual schools who had coaches that made poor judgements would be easier.