Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation. As previously noted, Judge Brody ordered counsel for the class and the NFL to put on the public record the actuarial data behind settlement proposals and negotiations. The documents are available online at Paul Anderson’s NFLconcussionlitigation.com, in this September 14, 2014 post. Meanwhile, the Third Circuit rejected plaintiffs’ appeal, and so more of them are moving forward in the MDL. Specifically, some of the objectors have filed discovery requests seeking to explore the settlement negotiations, and the merits of the asserted defenses. The requests for discovery include requests to depose class counsel and representatives of the NFL. Some of the discovery requests are available in this separate September 14, 2014 post.
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