Public Citizen: NFL Concussion Plaintiffs Not Adequate Representatives of Class

Class actions pose challenges to lawyers who represent competing interests. – gwc
Public Citizen: NFL Concussion Plaintiffs Not Adequate Representatives of Class.
n a post fairness hearing supplemental memorandum filed today Public Citizen’s Allison Zieve argues as amicus curiae that concussion injury class plaintiffs Kevin Turner and Shawn Wooden cannot represent fairly and adequately the many conflicting interests among NFL players and retirees. The relatively limited pot of approximately $765 million has many potential claimants. Although Class Counsel, led by Chris Seeger tried to be fair and balanced it was an impossible task argues Zieve, quoting Justice Ruth Ginsburg in the landmark Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (1997):
“The settling parties, in sum, achieved a global compromise with no structural assurance of fair and adequate representation for the diverse groups and individuals affected. Although the named parties alleged a range of complaints, each served generally as representative for the whole, not for a separate constituency.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s