The NFL and Class Counsel oppose this request for review, arguing that the appeal is premature.<\/p>\n
[T]he court directs counsel to be prepared to address at oral argument on September 10, 2014, whether, under Fed. R. Civ. P. 23(f), this court may exercise jurisdiction over an interlocutory appeal challenging settlement class certification where the lower court has issued a preliminary order conditionally certifying the class but has not yet held a final fairness hearing. Counsel also should be prepared to discuss the merits of this appeal, in addition to this jurisdictional question.<\/p><\/blockquote>\n
In other words, much of the argument will likely focus on a threshold procedural issue that will hinge on whether the Third Circuit has jurisdiction to hear the present dispute. Or, as the NFL and Class Counsel contend, the petition is premature and it should not be addressed until after a record is fully developed by Judge Brody; i.e., after the fairness hearing and an order granting or denying final class certification.<\/p>\n
More importantly, the Third Circuit will also hear the merits of the appeal. This is, in essence, a full frontal attack on the proposed settlement. Sean Morey’s group asserts three central points, which they contend \u201cdoom\u201d class certification:<\/p>\n
1)\u00a0\u00a0 The deal compensates only certain individuals diagnosed with CTE, while ignoring hundreds and perhaps thousands of others;<\/p>\n
2)\u00a0\u00a0 An award can be reduced by up to 75% if a player has suffered a stroke \u2013 despite the fact that a contributing factor could have been the NFL\u2019s allegedly illegal administration of Toradol; and<\/p>\n
3)\u00a0\u00a0 Players who played in the NFL Europe \u2013 who were subject to the same fraudulent conduct and policies \u2013 will receive no credit for those seasons.<\/p>\n
Legal minutia aside — make no mistake — this is argument is very significant.<\/p>\n
Courtroom football is back! And it\u2019s sure to include a long appellate season — after a hard-fought regular season in the lower court.<\/p>\n
*Oral Arguments are scheduled to be made by the following parties:<\/i><\/p>\n
Petitioners (aka Sean Morey, et al) – Steve Molo<\/em><\/p>\nNFL – Brad Karp and\/or Bruce Birenboim<\/em><\/p>\nClass Counsel – Samuel Issacharoff<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"On Wednesday, the Third Circuit will hear the first challenge\u2014of presumably many to come\u2014to the proposed NFL Concussion Settlement. The request for review was lodged by the so-called Sean Morey Intervenors who have publicly challenged the settlement\u2019s terms on numerous fronts. The NFL and Class Counsel oppose this request for review, arguing that the appeal […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0},"categories":[1],"tags":[409,408,29,16,410,4,330,291,407],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/posts\/1665"}],"collection":[{"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1665"}],"version-history":[{"count":4,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/posts\/1665\/revisions"}],"predecessor-version":[{"id":1669,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=\/wp\/v2\/posts\/1665\/revisions\/1669"}],"wp:attachment":[{"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1665"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1665"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nflconcussionlitigation.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1665"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}