"They want to buy their peace," says Epstein. "The NFL is not going to want to pay out this money and then have to deal with other players out there who are current or former players. We don't know exactly what those final terms will be yet, and what level it will foreclose people down the line from having their own individual suits."

Cases like the one brought by Randle El stand to complicate matters. Similar lawsuits involving ex-players were filed in September in Louisiana and Illinois, and all attorneys interviewed for this story said they expect more in the coming weeks. According to NFL.com, there are approximately 12,000 living former NFL players. Roughly one-third of them are already involved in concussion litigation, making Epstein's scenario of dozens or hundreds of additional lawsuits seem unlikely but within the realm of possibility.

Of course, as Randle El's attorney Abood notes, there's also the chance of backfire if the judge elects to uphold the existing deal. The more people vying for a slice of the $765 million pie, the less there is to go around for everyone else.

"It's simple arithmetic," Abood says. "The more people you add in, the fewer benefits are available. It appears to be a very good deal for the league."

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13 comments
angelialevy
angelialevy

@McCannSportsLaw QUESTION: Did Randle El say "tingling/numbers" or is that a typo? If correct u should have '(sic)' next to it for clarity.

Yachtcee
Yachtcee

@McCannSportsLaw do iron workers sue their boss when they get blisters or tough skin? It's a contact sport that pays for the risk.

GeneEgdorf
GeneEgdorf

@McCannSportsLaw I think too many will opt out. I don’t know a single lawyer advising clients to accept the deal

McCannSportsLaw
McCannSportsLaw

@TerenceHigh Unique situation for a judge to determine if NFL concussion settlement is appropriate. Could argue player class is too big.

McCannSportsLaw
McCannSportsLaw

@angelialevy That story is by Village Voice, not SI, so I didn't write it & don't know if that is VV's typo or if typo is in the complaint.

McCannSportsLaw
McCannSportsLaw

@Yachtcee I understand that sentiment, but ex-NFL players claim it's more than that: they argue NFL knew of science & concealed/distorted it

McCannSportsLaw
McCannSportsLaw

@GeneEgdorf We'll see how Judge Brody might determine if there's critical mass of dissension--and how many ex-players would need to sue etc.

TerenceHigh
TerenceHigh

@McCannSportsLaw Reality is that not everyone that is a plaintiff will get a share of the settlement. Plaintiffs will be weeded out.

angelialevy
angelialevy

@McCannSportsLaw Whoops. Assumed that you had wrote the article due to your tweet. I'll send my tweet to the VV author. My apologies.

Yachtcee
Yachtcee

@McCannSportsLaw I wonder if there is a correlation between bank account size and who is filing lawsuits.If someone is "broke" their "broke"

 
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