The settlement of any class action includes an opportunity for the members of the class to object to the proposed deal. When it comes to the proposed settlement of the class action brought in 2023 against the NFL’s disability plan, more than 100 former players have objected.
Via the Washington Post, the case arising from the league’s use of “race-norming” has prompted the group of players (including Mike Vick, Willis McGahee, and Ricky Williams) to argue that the settlement could cost them millions in benefits.
Said former NFL defensive end Vaughn Booker in his objection to the settlement: “It’s like the defendants and counsel think non-white players are stupid. They are trying to trap us by barely giving us any notice and then telling us we cannot even opt out of the settlement.”
The ability to opt out and to pursue claims independently is usually a given in class actions. The class members then must choose whether to ride with the class, or go it alone.
Attorney Sam Katz is representing the players with objections to the deal negotiated in June.
“This settlement requires hundreds of former players to give up every legal claim they have regarding their disability benefits in exchange for essentially nothing, with no ability to opt out,” Katz told the Post.
If the contentions are accurate, it’s hard to imagine the settlement being approved. Often in class actions, the lawyers representing the class become far more concerned about their fee than ensuring that justice is done for the class members. Agreeing to not allow them to opt out should be the first indication that something may be amiss.
The next hearing in the case is set for October 20.
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