John Culhane over at Slate has a very interesting post asserting that two class actions are being prepared against the National Football League on behalf of players with brain injuries. The theory underlying the putative suits, he reports, is that the NFL did not do enough to warn players of the neurological problems that can result from repeated blows to the head.
Culhane analyzes a number of the legal theories and defenses, although he does not question how such a personal injury class could ever be certified as a class action. Of course, it couldn't, since individual issues of causation and liability obviously would flunk the predominance requirement of Rule 23(b)(3).
Still, the post -- and the idea behind it -- raises some fascinating issues for cocktail conversation as we approach the Super Bowl. Feel free to share your own views of the strongest legal theories or defenses in the comments section below.