NFL Class Action As Model for Future Mass Torts

The National Football League concussion litigation wasn’t a prime candidate for class action treatment: Many players alleged current or future injuries, the class members could self-identify as players, and many were represented by their own counsel.

But the class device proved useful for resolving much of the litigation through a settlement for many reasons, attorneys involved with the case said.

The NFL has a certain level of finality by precluding many later suits; players who haven’t yet shown signs of brain injury will be protected by a long-term insurance policy; and the judge overseeing the litigation will have continuing jurisdiction ...