Light at the End of the Appeals Process Tunnel as Third Circuit Denies Petition for En Banc Rehearing


For the thousands of former NFL Players and their families who have been awaiting the approval of the uncapped class action Concussion Settlement with the NFL to go forward, June 1st, 2016 was a major milestone in what has been a very long journey.  On Wednesday, June 1, 2016, the Third Circuit Court of Appeals denied a Petition for Rehearing En Banc filed by nine objecting former NFL players represented by attorney John Pentz.  The petition asked all of the Third Circuit Judges to hear the appeal and reconsider the 3-Judge Panel’s April 16, 2016 Order affirming District Court Judge Brody’s approval of the Concussion Settlement.  However, the one-page filing written by one of the judges who wrote the original Third Circuit opinion in April stated that “[n]o judge who concurred in the decision having asked for rehearing and a majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the court en banc, are denied.”

The final avenue of appeal left for the group of players seeking to delay the finalization of the Concussion Settlement is to seek certiorari, or review of the case, from the United States Supreme Court.  The timeframe for such an appeal to the Supreme Court is 90 days, which started running on June 1, 2016.

As highlighted by the Third Circuit in their April opinion, the Settlement will provide nearly $1 Billion in value to thousands of retired NFL players, in the form of neurocognitive testing for all former players, and monetary awards for those former players diagnosed mild or moderate dementia, Alzheimer’s Disease, Parkinson’s Disease, ALS, and for those who received a post-mortem diagnosis of CTE prior to April 22, 2015.

If you or a loved one are a Retired NFL Player who has experienced neurocognitive symptoms, feel free to contact Pope McGlamry at 877-285-7656 to schedule a case review with our expert legal team.