Former Chiefs Players Want Concussion Class Action Handled in Mo. Court

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This week, a group of former Kansas City Chiefs football players filed a reply brief in support of their motion to send their concussion-related claims to Missouri state court instead of grouping them in multidistrict litigation (MDL) with the concussion claims of other NFL players.

The ex-Chiefs players and some of the players’ wives filed the reply brief in support of their motion to remand the case to Missouri. In it, they explain why their claims are different from the claims brought in the concussion MDL (In re: National Football League Players’ Concussion Injury Litigation) that has been consolidated in Pennsylvania federal court.

The players argue that, because they are former employees of the Kansas City Chiefs and because their class action lawsuits named only the Chiefs as a defendant, Missouri law governs their claims and therefore their class action lawsuit should be handled in Missouri court. They argue that their claims are based “solely in the unique substantive rights granted them under Missouri state law.”

The NFL sought unsuccessfully to dismiss the concussion MDL. In July 2013, U.S. District Judge Anita B. Brody ordered the parties to pursue mediation. After two months of negotiations, the parties reached a class action settlement that would provide $765 million for medical exams and compensation for player injuries. Judge Brody refused to approve this initial settlement proposal because she was concerned that the capped fund would run out before all qualifying Class Members were paid.

In April 2015, Judge Brody gave final approval to a class action settlement between the NFL and nearly 5,000 former professional football players who suffered concussions during games and practices.

The ex-Chiefs players, along with many other former NFL players, have opted out of the NFL concussion class action settlement because they believe it is unfair.

The former Chiefs players filed their class action lawsuit against the Chiefs in December 2013, alleging the organization knew or should have known that concussions incurred during games or practice could lead to long-term injuries, yet they failed to warn players about the risks. Their concussion class action lawsuit was the first concussion lawsuit to target an NFL team instead of the league itself.

The Chiefs organization successfully transferred the players’ class action lawsuit to federal court, and the U.S. Judicial Panel on Multidistrict Litigation conditionally transferred their case to the NFL concussion MDL. The players filed a motion to remand the case back to Missouri court, but the court never made a determination on the issue, according to an attorney representing the former Chiefs players.

For more information about the NFL concussion class action settlement, click here or visit www.NFLConcussionSettlement.com.

The plaintiffs are represented by Kenneth McClain, Lauren McClain and Timothy Kingsbury of Humphrey Farrington & McClain PC; Paul Anderson, John Klamann and Andrew Schermerhorn of The Klamann Law Firm; and Dirk Vandever of The Popham Law Firm.

The NFL Concussion Class Action Lawsuit is In Re: National Football League Players’ Concussion Injury Litigation, Case No. 2:12-md-02323, in the U.S. District Court for the Eastern District of Pennsylvania.