Oct. 17, 2013
Layn R. Phillips
See more on Layn R. PhillipsIrell & Manella LLP Alternative Dispute Resolution Center Newport Beach Specialties: complex civil cases, internal investigations
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After two months of negotiations under his supervision, the NFL and NFL Properties agreed to contribute $765 million, exclusive of attorneys fees, to provide medical benefits and injury compensation for the players, fund medical and safety research and cover litigation expenses.
The agreement is pending the approval of U.S. District Court Judge Anita B. Brody, who is presiding over the cases in Philadelphia.
"It was extremely difficult due to the deadline that we were operating under," said Phillips. "It was very intense. There were steering committees, owners, players and counsel, meeting with insurers - many different interests. There were times when I thought my head was going to explode. There were a lot of ball in the air and a lot of egos."
A primary key to the dispute was the question of causation.
"How does one prove that you have a neuro-cognitive injury from playing professional football," he said, "as opposed to high-school or college football, or from pre-existing medical conditions?"
His primary task was identifying common interests.
"We would have never settled the cases if we took them on a case-by-case basis," Phillips said. "By identifying global interests, we identified what was needed to put this litigation to rest."
On the players side, he added, "There was the long and difficult road ahead involving the prospects for recovery. On the NFL side, there was a desire to get the attention back to the game and assure the public that they were protecting the players' safety, and avoiding high-profile litigation in some unsympathetic forums."
- Pat Broderick
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