I believe @Advocate_Habiba was right. Courts are working as designed, dismissing issues that apparently seem trivial to the panel, preserving the status quo and letting the vulnerable down once again.😡
Patrick is right also. As @TheNeuroTimes said a couple of weeks ago, they'd probably rather be on a spacecraft to Mars than address the systemic problems in the concussion settlement.

A few more thoughts. This law review article hits on some of the shortcomings in this case and within the court system. She is right about procedure. This case was dismissed on procedural grounds allowing the court to avoid the merits.
A few more relevant highlights...
"one of the most distinctive institutional characteristics of the federal judiciary: overwhelmingly, its members are white, male, middle-aged or older, and wealthy"
I'd add to this that even many women and minorities that are appointed to a federal judgeship come from the same type of background of privilege and appear to relate closely with the white, wealthy males.
Most appointees come from a "big law" background. Think firms like Paul Weiss that represents the NFL in the settlement. Their minds are likely to retain instincts favoring defendants. We need more diversity of background in the federal judiciary. Not just superficial diversity
" Like all of us, their perceptions and understanding of the world have been shaped by their experiences, and because they are quite a homogeneous group, certain kinds of experiences are very rare among federal judges."
"We must look for the expression of such judicial biases in the case law and in judicial practices , where judges make procedure with relatively little interference or oversight, rather than in the Federal Rules." #Truth This is especially true in #MDL
This is also something we've witnessed in the concussion settlement, but instead of gender, racial outcomes have been uneven and #racenorming took place with no objection from any of the parties overseeing the settlement. The Henry/Davenport lawsuit forced them to acknowledge it
"Gender, racial, and class bias is usually unconscious... we tend to be more sensitive to and interested in the problems of people like ourselves."
"Justice Scalia, for example, has spoken nostalgically about the past times when the federal docket supposedly consisted of 'cases of major significance' rather than “minor,” “routine” matters “of less import."
Words like “important,” “trivial,” and “routine” may, quite unconsciously, mask gender, racial, and class bias."
"former Judge Bork...proposed to limit the fed docket to “important” cases by creating a new set of non Article III tribunals. These tribunals would hear cases under the Social Security Act, environmental laws, consumer &worker safety laws, fed benefit laws, & prisoners’ suits."
"What is striking about these proposals is that the plaintiffs in the cases...tend to be of a different race, gender, or class from most federal judges. The perception that such cases are 'unimportant' may reflect judges’ lack of sympathy for such plaintiffs."
Here's a link to the article for those who would like to read more. law.stanford.edu/publications/j…

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More from @SheillaDingus

4 Mar 20
In addition to the "correction" for "double-dipping" which will deduct whatever Social Security award players might receive from their NFL disability checks, there are other provisions equally if not more concerning.
First, to clarify, while some disabled players receive as much as $11,500 per month in disability pay and likely receive about $2,000 from Social Security Disability, this is very much on the high end. Others are only getting around $3,000 per month and about $1,200 in SSD.
This would be devastating to the players on the lower end of the scale, reducing them to about $1,800 per month. Beyond this, the new CBA seeks to begin eliminating SSD determinations as automatic approval.
Read 14 tweets
21 Feb 20
🚨URGENT THREAD:🚨
The CBA "Fact Sheet" provided by #NFLPA is a joke. It's also the repeat of a common tactic that has led many people to make poor decisions because important details of the actual contract are conveniently omitted.
This was a similar notice or "fact sheet" that went to retired NFL players leading them to believe they'd qualify for concussion settlement benefits that were later denied them. All because it omitted a few vitally important details.
To guys who are thinking the marijuana provision is great, I just got a message from an attorney who called it a "gloss over" and said, "The testing window and nanograms isn’t helpful at all."
Read 5 tweets
25 Jan 20
Two #NFL examples come to mind:
First, in Charles Dimry's disability case, Judge Donato found an abuse of discretion and remanded the case back to the Plan with instructions to correct.
Dimry is back in court because the Plan failed to follow those instructions, stating that it "disagreed" with Judge Donato.
His case is now before a magistrate judge that absurdly seems oblivious since magistrates serve at the pleasure of district court judges.
Judge Donato should take charge and issue sanctions, lest the behavior continue unabated.
Read 13 tweets
20 Sep 19
"This year alone has seen a 55% increase in reports of sex abuse and other misconduct than last year. That amounts to an average of 239 reports a month... Analysts predict that the number of reports could cap off at 667 per month or 8,000 per year."
We're all familiar with the decades-long abuse of young gymnasts.
bbc.com/news/world-us-…
USA Taekwondo abuse ("Master" Gitelman)
washingtonpost.com/sports/olympic…
Read 15 tweets
3 Jun 19
#NFL Concussion Settlement Special Masters have issued a report this morning which appears to be the first of three. The Claims Admin report has also dropped by the BAP Admin report hasn't as of yet.
SM Report PDF: drive.google.com/file/d/1vv6P9c…
I didn't see anything particularly earth-shattering in the Special Masters' report but there were a few items of interest.
The Special Masters' report on appeals underscores the importance of Judge Brody's ruling which substantially changed the balances in the settlement when she authorized AAP review on the front end. As you can see, the appellee has prevailed in most instances.
Read 42 tweets
16 May 19
#BREAKING
Judge Brody just denied the @LocksLawFirm / Class Counsel Motion for Reconsideration of MAF rules in the #NFL Concussion Settlement. This is a devastating blow to retired NFL players.
Herein lies a problem, when MDL judges are given absolute authority. While the "administrative" rules absolutely alter the settlement and place the checks and balances in favor of the NFL, she finds it within her authority to do so.
This order in no way "protects" the class, and this is not an "enforcement of terms" but a re-write of terms without notice to the class or an ability to opt out as supposedly required by FRCP Rule 23 governing class action settlements.
Read 6 tweets

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