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BIAA Files Response in NFL Concussions Case

28-Oct-2014 The Brain Injury Association of America (BIAA) filed a response on October 27 to the co-lead class counsel’s opposition to BIAA participating as amicus curiae (friend of the court) on the proposed settlement between the National Football League (NFL) and former players now before the United States District Court for the Eastern District of Pennsylvania.

BIAA filed its amicus motion on September 30, 2014, and included an affidavit outlining key facts about brain injury and several limitations of the settlement as it is currently written.

In its opposition to BIAA’s participation, the co-lead class counsel argued that BIAA’s interests are now represented in the litigation because some class members referenced or incorporated BIAA’s affidavit into their objections in their filings with the court. BIAA responded that incorporating the organization’s arguments does not constitute representing BIAA’s interests, but is rather simply echoing points made by the organization.

“That these objecting class members happen to agree with BIAA does not mean that those parties have a deep understanding of the complexities of brain injury,” said BIAA counsel in its response. “BIAA respectfully submits that its own experts are uniquely qualified to represent its interests in this case due to BIAA’s nationwide network of physicians, researchers, rehabilitation experts and facilities, caregivers, and brain injury sufferers and their families.”

Co-lead class counsel also argued that a proposed amicus must not favor one particular side in the case. BIAA responded that amicus curiae briefs take positions on issues before the court and therefore need not be totally disinterested.

In its response, BIAA said, “BIAA has nothing to gain, financially or otherwise, from the Court’s decision on the settlement—it simply seeks to provide the Court useful information about brain injuries that it is uniquely positioned to offer.”

Copies of documents relating to the motion can be found at http://www.biausa.org/NFLamicus.


 
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