In a memorandum of law submitted to Judge Anita Brody who must rule on the fairness of the proposed class settlement certain former NFL players say they will bear an unfair burden in counsel fees. Their attorneys argue:
"The proposed settlement is unfair to all former players who filed suit against the NFL. Under the proposal, players who hired lawyers must separately pay their lawyers for representing them in this litigation. Most of the litigant-players in this category are subject to contingency fee contracts where a portion of the player’s recovery goes to their attorney as an attorney’s fee. In contrast, former players who
did not join the litigation are eligible for the same recoveries. But the non-litigant players do not have to pay any attorneys’ fees or other administrative costs. This means that the proposed settlement provides dissimilar treatment to persons with similar claims. As a result, the settlement is not fair, reasonable and adequate
under Fed. R. Civ. P. 23(e)(2)."
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