Document
NFL Players Concussion Injury Litigation, et al, et al, 23-1585 (3rd Cir. Feb. 20, 2025)
Kannon K. Shanmugam Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019 Counsel for Appellees
In the District Court’s 2015 opinion granting final approval to the Settlement Agreement, it wrote that “no one can conclusively say that someone had CTE until a scientist looks at sections of that person’s brain under a microscope to see if abnormally phosphorylated tau protein ... is present, and if so whether it is present in a reportedly unique pattern.” In re Nat’l Football League Players Concussion Inj.
Under the clear error standard, we will not interfere with the District Court’s decision unless, after reviewing the evidence, we are “left with a definite and firm conviction that a mistake has been committed.” In re Cendant Corp.
To the extent that the Settlement Agreement is unambiguous, its terms—read together and in context—mean that a Death with CTE diagnosis can be made only after examining brain tissue under a microscope.
4 In their appellate brief, the claimants argued that the District Court’s interpretation of the Settlement Agreement conflicts with their due process rights as absent class members.
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NFL Players Concussion Injury Litigation, et al, et al, 23-1585 (3rd Cir. Feb. 20, 2025)
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In re: NFL Players Concussion Injury Litigation, et al, et al, 23-1585, No. 3 (3rd Cir. Apr. 3, 2023)
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