Serial Objectors Appear in NFL Concussion Suit

Posted on 22 January 2016.

In April 2015, the National Football League reached a $1 billion settlement with retired players over the NFL’s handling of potential concussions.  Over 5,000 former players suffering from brain-related illnesses like Alzheimer’s and Parkinson’s and their families would receive payment.  On average, the settlement would pay out $190,000.

However, despite the settlement receiving final approval on May 8, 2015, no payments have been made since the case is on appeal.  Approximately 90 players have appealed to the Third Circuit, including four groups represented by serially objecting attorneys. 

Craig and Dawn Heimburger are represented by Christopher Bandas, who has represented objectors in 49* cases.  As is his general practice, Mr. Bandas did not file an appearance until the case was on appeal, instead recruiting other counsel to act as a proxy at the District Court level (in this case, the firm of Lightman & Manochi).  Mr. Bandas also did not appear for oral arguments on the appeals, recruiting Howard J. Bashman to appear for his clients.

Darren Russell Carrington is represented by Joseph Darrell Palmer on appeal, who has objected in 44* cases.

A group of ten objectors are represented by John J. Pentz and Edward W. Cochran, who have combined to object in 25* cases.

Curtis L. Anderson is represented by George W. Cochran, who has represented objectors in 4* cases.  Mr. Anderson's objection was stricken by the District Court for not being timely, but he still appealed to the Third Circuit.

Oral arguments on the appeals were held on November 19, 2015.  The only serial objectors to appear before the Court were the Heimburgers, represented by Mr. Bashman.  They argued that the case failed to meet the class certification requirements of Rule 23 and that, as a result, their client was not receiving adequate compensation.  The Third Circuit has not issued an opinion as of January 22, 2016.  The opinion and other relevant documentation will be posted on the case page as they become available.

*case totals are as of 1/22/2016