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Former NFL Players' 'Overmedication' Conspiracy Fails on Appeal

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By George Khoury, Esq. on February 11, 2019 3:00 PM

Twelve former NFL players and one widow have had the dismissal of their case against their former teams affirmed by the Ninth Circuit Court of Appeals.

After all that has come to light in the CTE fallout, the case probably would have at least been illuminating, if not impactful. The former players were alleging a civil conspiracy, under RICO, that the teams were overmedicating the players, without providing the players with adequate information about the consequences, which cut-short their careers. Unfortunately for the former players and one widow, as the Ninth Circuit affirmed, the case was filed after the expiration of the statute of limitations.

It Begins at the Injury

As the Ninth Circuit panel explained, the players knew of their injury, that their careers were cut-short, at the time that their NFL careers ended. While the players alleged that they did not know about the conspiracy and fraudulent conduct until 2014, the court found that the players could have known within the four-year statute of limitations had they investigated their injury at the time. The court further explained that the players pleaded no conduct showing they even tried to investigate their claims contemporaneously.

How Late Were They?

If you're wondering how late the case was filed, the court found that the statute would have run in 2008, and this matter was filed in 2015. The players may seek cert. to overturn the established precedent the Ninth Circuit relied upon, or might just have to put their faith that the other cases pending against the NFL will provide some justice.

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