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Old 05-22-2012, 06:55 PM   #44
Atlanta Dan
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Default Re: NFL Concussion lawsuits

Originally Posted by Vis View Post
The CBA argument isn't on the merits of the claim at all. It's an attempt not to reach the merits.
Well - that is sort of what dispositive motions are intended to achieve - as you well know, just because a defendant is seeking to dismiss a case on a premption argument does not mean it otherwise is liable for the alleged misconduct

See e.g
. Stringer v. NFL, et al., 474 F.Supp.2d 894, 915 fn. 11 (S.D. Ohio 2007) ("Nothing in this opinion should be construed as indicative of the Court's views concerning the ultimate merits of these claims.")
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