A Players' Class Action Against the NFL for Concussions?
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.
How much warning do you actually have to give of the hazards of hitting your head?
Football players along with everyone else knows it is not great if you take multiple blows to the head repeatedly. It doesn't make much sense for them to sue the NFL for this, as you can find out from just about anyone that it can cause injury. Seems to me like another way of making money.