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Ninth Circuit Delivers Striking Blow to the NFL

2018 September 6
by Paul Anderson

This morning, the Ninth Circuit Court of Appeals issued a devastating blow to the NFL’s bedrock defense in the prescription drug litigation.

In short, the Court of Appeals rejected the NFL’s longstanding defense that the collective bargaining agreement preempts the state law claims. That is because, the Court held, the CBAs neither need to be interpreted nor do the players’ claims arise from the CBAs. The published opinion can be found here: Dent et al v. NFL

As a result, the case will be remanded to the district court where the case will proceed with discovery and further litigation.

This is a groundbreaking decision since it is the first federal circuit court of appeals to address and reject the NFL’s longstanding defense. This will have far-reaching implications for future litigation against the NFL.

More to come as we digest the opinion.

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