Monday, September 22, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Athlete asks judge to reject NCAA head-injury deal

By
From page B2 | August 25, 2014 |

CHICAGO — A former San Diego State football player has asked a federal judge to reject the recently proposed $75 million settlement of a class-action lawsuit against the NCAA, saying it unfairly forces athletes who suffered head injuries to forfeit hundreds of millions of dollars in potential damages.

The request, which came in a late Friday filing in federal court in Chicago on behalf of Anthony Nichols, is the first in what’s likely to be a monthslong approval process to raise questions about the deal, under which the NCAA would create a $70 million fund to test thousands of current and former athletes for brain trauma. It also sets aside $5 million for research.

The filing zeroes in on a settlement provision that would require football, hockey, soccer and other contact-sport athletes to give up their rights to seek a single, potentially blockbuster sum in damages as a class. They can sue as individuals, but the filing says most couldn’t afford the legal costs and so won’t.

“The proposed settlement is truly a rarity: a settlement where the class members get nothing but are forced to give up everything,” according to the 28-page court document, submitted by one of Nichols’ attorneys, Jay Edelson. “Injured student athletes will be … left in the dust.”

Nichols, who says he suffered concussions while an offensive lineman for San Diego State from 1989 to 1992, is among tens of thousands of male and female athletes who would be covered by the sweeping class-action deal.

The first class-action suit was filed in 2011 in Chicago on behalf of former Eastern Illinois safety Adrian Arrington, and 10 similar head-injury suits were later consolidated into the one that was heard in federal court in Chicago. Arrington’s lawyers took the lead in nearly a year of negotiations with the NCAA before the proposed settlement was announced July 29.

Under the settlement, the NCAA would also toughen return-to-play rules for athletes who receive head blows. Among other terms, all athletes would be given baseline neurological tests to start each year to help doctors determine the severity of any concussion during the season.

Friday’s filing describes the benefits to athletes as paltry compared to what the NCAA gains: legal protection from having to pay out what the filing argues could have been a billion dollars or more in damages.

“What makes the … settlement so unique — and so dangerous — is that nearly 90 percent of the class will get absolutely nothing from the settlement and yet will give up valuable rights,” the filing says.

One of the Arrington lawyers who spearheaded talks with the NCAA, Joe Siprut, defended the settlement, saying in a phone interview Sunday it would reduce the health risks to players.

He also denied negotiators left hundreds of millions of dollars on the table that could have gone to athletes. Legal obstacles, he said, would have made a single, massive payout impossible.

“When you are negotiating a settlement, you can’t just pound the table and say, ‘I want this and I want that,’” Siprut said. “If anyone says we should have gotten a billion dollars, they don’t know what they’re talking about.”

The Chicago lawyer added there’s no reason why thousands of athletes couldn’t successfully sue the NCAA for damages. He says the diagnostic tests mandated in the settlement would help prove athletes suffered brain damage, boosting their chances of winning an individual suit.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Vaca Christian hits FM airwaves

By Susan Winlow | From Page: A1, 7 Comments | Gallery

 
 
Fairfield teen scouts books

By Ryan McCarthy | From Page: A3 | Gallery

 
Hazmat crew responds to Fairfield after spill Sunday

By Ryan McCarthy | From Page: A3

SBDC schedules free workshop for small businesses

By Susan Hiland | From Page: A3

 
Cordelia Rotary to host Senior Center fall dinner

By Susan Hiland | From Page: A3

CHP offers teen drivers class

By Susan Hiland | From Page: A3

 
Golf tourney to help uninsured children

By Susan Hiland | From Page: A3, 2 Comments

Dixon Scottish Games return to Solano

By Susan Hiland | From Page: A3

 
American music makes a sweet sound Sunday

By Ryan McCarthy | From Page: A4 | Gallery

Local governments schedule meetings

By Susan Hiland | From Page: A4

 
Master Gardeners schedule annual plant exchange

By Susan Hiland | From Page: A4

 
Il Fiorello Olive Oil Co. hold butchery class

By Susan Hiland | From Page: A4

 
North Bay Pediatrics celebrates anniversary

By Barry Eberling | From Page: B8

Sutter Solano has new leader

By Barry Eberling | From Page: B8

 
Popeye’s seeks Fairfield site

By Barry Eberling | From Page: B8, 10 Comments | Gallery

‘Peter Pan’ earns Elly awards for Missouri Street Theatre

By Amy Maginnis-Honey | From Page: A11, 1 Comment | Gallery

 
.

US / World

Some California wells run dry amid drought

By The Associated Press | From Page: A1, 3 Comments

 
More drought forecast next year across West

By The Associated Press | From Page: A1

32 structures destroyed in California wildfire

By The Associated Press | From Page: A1

 
Feds censure local police, yet give lethal weapons

By The Associated Press | From Page: A5

Melted glacier sends miles of mud down Mt. Shasta

By The Associated Press | From Page: A5

 
Crews cleaning fuel spill in San Francisco Bay

By The Associated Press | From Page: A5

Police say rifle carried by ambush suspect found

By The Associated Press | From Page: A5

 
Gov. Brown signs clean-air vehicle legislation

By The Associated Press | From Page: A5, 4 Comments

2016 may loom, but Jeb Bush is focused on business

By The Associated Press | From Page: A7

 
China, US, India push world carbon emissions up

By The Associated Press | From Page: A7

New Afghan president, but vote totals kept secret

By The Associated Press | From Page: A7

 
Del. authorities: Bus overturns, at least 1 dead

By The Associated Press | From Page: A7

Sierra Leone concludes nationwide Ebola lockdown

By The Associated Press | From Page: A7

 
NASA’s Maven explorer arrives at Mars after year

By The Associated Press | From Page: A9

North Korea powerful temptation for some Americans

By The Associated Press | From Page: A10 | Gallery

 
Craig Ferguson plays it loose with new game show

By The Associated Press | From Page: A11

‘Maze Runner’ races past ‘Tombstones’ with $32.5M

By The Associated Press | From Page: A11

 
.

Opinion

 
Question of the week: Will the drought end this year?

By Daily Republic | From Page: A8

 
Idealists made mess of 20th century

By Jack Batson | From Page: A8, 5 Comments

Thanks go out to Telstar Instruments

By Letter to the Editor | From Page: A8

 
.

Living

Community Calendar: Sept. 22, 2014

By Susan Hiland | From Page: A2

 
Today in History: Sept. 22, 2014

By The Associated Press | From Page: A2

Ned’s drinking is ruining our parents’ business, health

By Kathy Mitchell and Marcy Sugar | From Page: B5

 
Horoscopes: Sept. 22, 2014

By Holiday Mathis | From Page: B5

 
Horoscopes: Sept. 23, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

TVGrid Sept 22

By Daily Republic Syndicated Content | From Page: A10

 
TVGrid Sept 23

By Daily Republic Syndicated Content | From Page: A11

.

Sports

 
Giants swept by Padres; fall 4 ½ behind Dodgers

By The Associated Press | From Page: B1

Stanton leads Cardinals past 49ers 23-14

By The Associated Press | From Page: B1 | Gallery

 
Donaldson’s walk-off HR powers A’s past Phillies

By The Associated Press | From Page: B1 | Gallery

Penalty nixes Raiders rally, Patriots win 16-9

By The Associated Press | From Page: B1 | Gallery

 
Armijo boys run to 2nd-place finish in Irvine

By Daily Republic staff | From Page: B2

Hamilton wins in Singapore, takes F1 title lead

By The Associated Press | From Page: B2

 
Ex-Titans kicker Bironas killed in car crash

By The Associated Press | From Page: B2

Seahawks hold off Broncos 26-20 in overtime

By The Associated Press | From Page: B2 | Gallery

 
NFL roundup: Cowboys erase 21-point deficit, beat Rams 34-31

By The Associated Press | From Page: B2 | Gallery

Hur pulls away for LPGA Tour win in Alabama

By The Associated Press | From Page: B9 | Gallery

 
Logano wins at New Hampshire in 2nd Chase race

By The Associated Press | From Page: B10 | Gallery

.

Business

5 ways to protect yourself from data breaches

By The Associated Press | From Page: B8, 1 Comment

 
Native Americans getting final settlement payments

By The Associated Press | From Page: B8, 1 Comment

 
.

Obituaries

.

Comics

Baby Blues Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Zits Sept 22

By Daily Republic Syndicated Content | From Page: B4

Dilbert Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
B.C. Sept 22

By Daily Republic Syndicated Content | From Page: B4

Baldo Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Garfield Sept 22

By Daily Republic Syndicated Content | From Page: B4

Beetle Bailey Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Peanuts Sept 22

By Daily Republic Syndicated Content | From Page: B4

Sally Forth Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
For Better or Worse Sept 22

By Daily Republic Syndicated Content | From Page: B4

Wizard of Id Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Frank and Ernest Sept 22

By Daily Republic Syndicated Content | From Page: B4

Blondie Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose Sept 22

By Daily Republic Syndicated Content | From Page: B4

Get Fuzzy Sept 22

By Daily Republic Syndicated Content | From Page: B4

 
Pickles Sept 22

By Daily Republic Syndicated Content | From Page: B4

Word Sleuth Sept 22

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote Sept 22

By Daily Republic Syndicated Content | From Page: B5

Sudoku Sept 22

By Daily Republic Syndicated Content | From Page: B5

 
Crossword Sept 22

By Daily Republic Syndicated Content | From Page: B5

Bridge Sept 22

By Daily Republic Syndicated Content | From Page: B5

 
Garfield Sept 23

By Daily Republic Syndicated Content | From Page: B6

Get Fuzzy Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Baldo Sept 23

By Daily Republic Syndicated Content | From Page: B6

B.C. Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Dilbert Sept 23

By Daily Republic Syndicated Content | From Page: B6

Wizard of Id Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Baby Blues Sept 23

By Daily Republic Syndicated Content | From Page: B6

Blondie Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Beetle Bailey Sept 23

By Daily Republic Syndicated Content | From Page: B6

Peanuts Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Zits Sept 23

By Daily Republic Syndicated Content | From Page: B6

Frank and Ernest Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Pickles Sept 23

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Rose is Rose Sept 23

By Daily Republic Syndicated Content | From Page: B6

Sally Forth Sept 23

By Daily Republic Syndicated Content | From Page: B6

 
Word Sleuth Sept 23

By Daily Republic Syndicated Content | From Page: B7

Crossword Sept 23

By Daily Republic Syndicated Content | From Page: B7

 
Bridge Sept 23

By Daily Republic Syndicated Content | From Page: B7

Cryptoquote Sept 23

By Daily Republic Syndicated Content | From Page: B7

 
Sudoku Sept 23

By Daily Republic Syndicated Content | From Page: B7