The Fight Must Go On | NFL Concussion Litigation

The proposed NFL concussion class action settlement was filed today.  More on that in the next post.  A reactionary provision of Missouri law bars workers comp claims for occupational diseases.  This created an opening for Paul Anderson to file a tort action on behalf of former players for the Kansas City Chiefs who allege brain injury due to the unsafe conditions of play.  The action is framed in the years 1987 - 1993 when there was no collective bargaining agreement.  The NFL CBA gives the exclusive right of representation to the players union as certified representative under the National Labor Relations Act.  Its 2011 version provides substantial liability protection to the NFL and its physicians, as Nicholas Burkhart argues in a recent paper. - GWC

The Fight Must Go On | NFL Concussion Litigation:
by Paul Anderson  - December 3, 2013

"Basically, the NFL is paying a fee to make the lawyers go away – many of them took the bait. I decided that the fight must go on. The commentator hat is coming off. More work must be done. The public demands the truth and the players deserve justice.To that end, our legal team (comprised of Ken McClain, Dirk Vandever and myself) filed the first ever brain injury lawsuit against the Kansas City Chiefs. Due to a unique opportunity in the law, Missouri is the only state that allows employees to sue their employers directly for occupational diseases. What’s more,our lawsuit is framed to focus squarely on the years (1987 – 1993) when no collective bargaining agreement was in effect.Today, Chris Martin, Kevin Porter, Joe Phillips, Louis Cooper and Leonard Griffin took the first step to lead the former players down the path of justice. Many other players that played for the Chiefs or Rams could also benefit. The time is now.A copy of the lawsuit filed today in Kansas City, Missouri can be found here: Cooper et al v. KC Chiefs."

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