NFL asks for trial date in concussion/insurers case
League unlikely to let case get that far after a decade of litigation
The NFL has been at legal war with a group of insurers for 11 years over whether the firms have to cover part of the more than $1 billion concussion settlement. Finally, last week the league asked for a trial date, and before a jury, with the parties notifying the New York state court nearly all discovery has been completed.
Now, the chances the case gets to a trial still would appear unlikely. What the NFL knew, or didn't, about the dangers of head injuries before agreeing in 2015 to the settlement has long been an intense subject of media, scientific and public debate. The concussion settlement was reached before discovery in the numerous lawsuits brought by former players had started. The discovery conducted in the insurance case, which included depositions of owners and team doctors, is the only time the league has had to sit down in a legal format and answer questions about their pre-2015 knowledge of head injuries.
So the NFL is sure to try to avoid a public airing of the issue. And the league has already settled with dozens of insurers, leaving only four remaining in the litigation.
“As of the date of this affirmation, the following discovery has been completed,” NFL outside counsel John Hall wrote in a motion to the court. “All written discovery, including document requests, interrogatories, and requests for admissions. Depositions of witnesses currently or formerly affiliated with the NFL. Depositions of witnesses currently or formerly affiliated with NFL member clubs. Depositions of doctors with current or former relationships with the NFL. Depositions of witnesses currently or formerly affiliated with the NFL Players Association. Depositions of witnesses associated with the TIG Insurers. Depositions of expert witnesses designated by the NFL. Depositions of expert witnesses designated by the TIG Insurers.”
The insurers have claimed in court filings that they are not required to cover the settlement if the league knew of the dangers of head injuries. The league has long maintained the science is constantly evolving and it did not know of the risks from concussions. So the discovery is aimed at those questions, answers the league would want kept under wraps.
So while the NFL is asking for a trial date, chances are it is a procedural move at this point and the league will settle the remaining insurer disputes before any public hearing. But one can always hope.