Cornish and Hastings Demonstrates Policy Language Matters More Than Intent in NFL Concussion Litigation

By Kyle Conkle The United States Court of Appeals for the Third Circuit recently addressed an issue that has implications well beyond the NFL concussion litigation. That issue addresses the question of what happens when the language of a settlement, policy, or agreement does not align with how people later interpret or apply it? In the Cornish and Hastings case, the Third Circuit considered whether representatives of former NFL players could receive compensation for CTE when the players died bef