In re National Football League Players Concussion Injury Litigation

On April 18, 2016, Bancroft obtained an affirmance of the district court’s approval of a landmark settlement between its client the NFL and a class of retired NFL players in In re National Football League Players Concussion Injury Litigation, 821 F.3d 410 (3d Cir. 2016).   The class alleged that the NFL had failed to inform them of, and protect them from, the risks of head injuries in NFL football.  After extensive negotiations closely supervised by the district court, the NFL and class agreed to an uncapped settlement providing a swath of benefits to the class, including an estimated $1 billion compensation.  The district court approved the settlement, but a small group of retired players objected and appealed the approval.  On appeal, the Third Circuit unanimously held that the settlement was fair and reasonable, and that the district court correctly approved the settlement.  Bancroft partner Paul D. Clement argued the appeal in the Third Circuit.