Christina Spicer  |  November 26, 2015

Category: Consumer News

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NFL concussion settlementLast week, three former NFL players asked the U.S. Supreme Court to review the $42 million class action settlement related to the National Football League’s allegedly illegal use of players’ likenesses in television shows.

Former NFL players James Marshall, Joseph Michael Senser and Dante Anthony Pastorini objected to the Eighth Circuit’s decision to approve the settlement of the class action lawsuit, claiming that Class Members are not guaranteed a benefit under the terms of the settlement.

“The Eight Circuit’s decision expands the power of class counsel, class representatives and defense counsel to resolve class actions in ways that go well beyond what is permitted in any other circuit court,” argue the former players in their petition to the Supreme Court. “Allowing the Eighth Circuit’s decision to stand will eliminate important and well-established safeguards designed to protect the rights of all class members.”

According to the former NFL players, payments will not be made directly to the Class under the terms of the settlement; however, the agreement creates an entity to distribute the funds to charities which would offer benefits to Class Members. The players argue that the Class should be directly compensated first and to use an indirect payment method “violates fundamental principles of aggregate litigation.”

The former players also argue that by creating a licensing agency to help former players license their likenesses to entities other than the NFL “does not guarantee that any class member will receive licensing revenue through the newly created licensing agency.”

Four months ago, the Eighth Circuit denied the former players’ appeal of the settlement. The original class action lawsuit was filed in 2009, when former NFL football players filed a class action saying that they objected to the NFL using their likenesses unless they were compensated. The players alleged that the filmmaking company for the NFL “used the names, images, likenesses, and identities of former NFL players in its various videos to generate revenue and promote the NFL.”

The plaintiffs and the NFL entered into a class action settlement agreement in 2013. According to the settlement, the parties agreed that the NFL would pay $42 million over eight years into a non-profit organization called the Common Good Entity, which is “dedicated to supporting and promoting the health and welfare of retired players and other similarly situated individuals.”

The appealing players are represented by Michael V. Ciresi and Jan M. Conlin of Ciresi Conlin LLP and Eric John Magnuson and Thomas C. Mahlum of Robins Kaplan LLP.

The settling players are represented by Daniel E. Gustafson of Gustafson Gluek PLLC.

The NFL Player Likeness Class Action Lawsuit is James Marshall, et al. v. National Football League, et al., Case No. 15-645, in the Supreme Court of the United States.

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