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Starting Lineups for the Third Circuit Arguments Posted

2015 November 18

Earlier this week, I noted the likely lineup for the oral arguments on Thursday. Since the parties have a limited time yet wide-ranging arguments, the Third Circuit ordered the parties vying for an opportunity to speak to split up their time accordingly. The Objectors are allotted thirty minutes and the proponents of the settlement are allotted thirty minutes. Since the Objectors are appealing the settlement, they will go first. The NFL and the Class will follow, and then the Objectors will get a rebuttal.

The following lineup has been solidified, subject to a division for rebuttal time and any last minute changes:

Appellants: Objectors

  • Steven Molo on behalf of the Faneca Objectors (13 mins including rebuttal) – description of arguments: “substantive unfairness of settlement’s disparate treatment of CTE”
  • Deepak Gupta on behalf of Armstrong Objectors (13 mins including rebuttal) – description of arguments: “inadequate representation of future-injury claimants”
  • Howard Bashman on behalf of Heimburger Objectors (2 mins) – description of arguments: “inappropriateness of class certification”
  • Jared Beck on behalf of Gilchrist Objectors (1 min) – description of arguments: “Daubert
  • Chip Becker on behalf of Alexander Objectors (1 min) – description of arguments: “Girsh factors”

Appellees: NFL and the Class

Appellants Rebuttal

  • Steven Molo
  • Deepak Gupta

Third Circuit Panel

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