Analyzing SCOTUS’ Decision to Pass on Reviewing Challenges to the NFL Concussion Settlement

by Richard C. Giller, Esq.   On December 12, 2016, nearly eight months after the Third Circuit Court of Appeals unanimously approved an uncapped concussion settlement agreement reached in the traumatic brain injury class action litigation involving over 22,000 former NFL players, the United States Supreme Court denied, without comment, two petitions challenging the Third Circuit’s decision approving that settlement. By essentially punting on these challenges, the Supreme Court left in pla