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Old 05-22-2012, 06:16 PM   #46
Atlanta Dan
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Default Re: NFL Concussion lawsuits

Quote:
Originally Posted by Vis View Post
True, and I understand your love of contracts now but you can't contract out of fraud and the attempt will open a counterclaim that the CBA negotiations were not undertaken in good faith if negotiated with an eye on this outcome.

Any thoughts on why the NFL would have picked Pellman if they really wanted the best answers medical science could provide? Does it not appear, just appear, to you that the NFL wanted a certain answer so they picked the guys to give it to them? Sure others do that too - tobacco etc...but it being old hat doesn't make it right. What do you think on the merits here.
I think this is a fair analysis of how this is not a slam dunk for either side

Head Hunters: The Rise of Neurological Concussions in American Football and Its Legal Implications


http://harvardjsel.com/wp-content/up...6/Carrabis.pdf

The Stringer decision I cited above ( a wrongful death action) indicates how tough the preemption hurdle can be to get over
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