The lawsuits filed by former college players Tuesday pertain only to football players and are separate from the original class action against the N.C.A.A. They were filed in various federal court districts around the country.
Auburn, Georgia, Oregon and Utah are the other universities targeted, though only their conferences are named defendants, along with the N.C.A.A., because of liability complications at some public institutions. The plaintiffs had careers that spanned the decades before the N.C.A.A. began requiring its members to have concussion protocols in 2010; in one case, the player competed in the 1970s. According to the filings, the players sustained concussions in college and now have a variety of health problems, including mood swings, depression and sleeplessness.
“The judge didn’t approve the original settlement because these players need financial help,” said Jay Edelson, the lead lawyer in the cases. He added that more lawsuits against more colleges and conferences were planned.
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The suits face hurdles. Hosea Harvey, a law professor at Temple, said he was skeptical of the litigation’s moving forward because proving negligence against the N.F.L. was easier than it may prove to be against colleges. He noted that the terms in the proposed N.C.A.A. settlement, which also includes $70 million for medical screenings for former college athletes, were more appropriate than seeking money from the N.C.A.A., universities or conferences.
“Absent extraordinary evidence of negligence at the time of the injury, I don’t see how the schools are culpable,” he said. “The goal should be to mitigate the harm and make things safer for players moving forward. That’s a public-health victory even if it’s not a financial one.”
The N.C.A.A. was first sued over concussions in 2011. After a number of similar cases were brought, they were consolidated. In 2014, the N.C.A.A. and the plaintiffs’ lawyers announced that they had reached a settlement. Judge John Z. Lee of United States District Court for the Northern District of Illinois approved most of the terms, but declined to give the N.C.A.A. full immunity from future class-action lawsuits. His proposal specifically allowed athletes from one university to still sue as a class. The N.C.A.A. has yet to sign off on the new terms, but now faces another round of concussion litigation.
Mr. Edelson said that each case sought its own jury trial to award damages to players and that the colleges, the conferences and the N.C.A.A. could all be liable. He declined to speculate on a potential financial payout if the former players win.
A version of this article appears in print on May 18, 2016, on page B14 of the New York edition with the headline: More Class-Action Concussion Suits Filed. Order Reprints| Today’s Paper|Subscribe
Source: www.nytimes.com
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