Early last week, the Judicial Panel on Multi-District
Litigation ordered nearly a dozen concussion-related lawsuits against the NCAA
to be consolidated. All cases were sent to the Northern District of Illinois
where the Arrington case has been pending for over two years.
The JPML heard oral arguments for consolidation on December
5, 2013, in Las Vegas. A number of class action lawsuits have been filed since
the Arrington case was filed, but the class definitions vary in terms of sport
played, years played, and other differences. Almost all cases filed do however
make claims for medical monitoring.
In their Order, the Judges wrote, "Most of the actions now pending, however,
involve nearly completely overlapping putative classes and claims." They
went on to state, "Regardless of the scope of the putative classes
alleged, all actions share common factual questions concerning the NCAA's
knowledge of the risks of concussions in football players and its policies
governing the protection of players from such injuries."
The Arrington case has been in mediation since November,
and another case is set for mediation in February. It is unclear what
will happen with those negotiations now that the Panel has consolidated all of
these cases.
