Steven Marks, Podhurst Orseck. Photo: J. Albert Diaz

The dismissal of all but one attorney from the class counsel leadership team in the settled NFL concussion litigation left some lawyers expressing concern that they've lost key voices as critical issues arise.

U.S. District Judge Anita Brody of the Eastern District of Pennsylvania dismissed all of the lawyers serving as class counsel and then reappointed Seeger Weiss attorney Christopher Seeger to handle it alone.

Five lawyers — Steven C. Marks of Podhurst Orseck in Miami and Philadelphia attorneys Sol Weiss of Anapol Weiss, Gene Locks of Locks Law Firm, Dianne Nast of Nast Law and Arnold Levin of Levin Sedran & Berman — no longer represent the class at large.

Brody's two-page order issued May 24 said class counsel did “an excellent job” achieving the uncapped settlement, which is estimated to top $1 billion, but cited a “need to conserve the common benefit fund” and assist individuals clients with the claims process.

Some attorneys said they were shocked by the ruling.

“This is a complete surprise. It's sua sponte, and it's without precedent,” Locks said. “I've never seen anything like this in any class action.”

But Nast also said she didn't find the ruling surprising and has been involved in other cases where the court disbanded the leadership team as the litigation begins to wind down.

“I can't say it's routine because I don't think there's such a thing as a routine order in class actions. Judges have different ways of handling these issues, but I think the cleaner thing is to dismiss the committee,” Nast said.

In an emailed statement, Seeger said, “We will continue to fight on behalf of former players and their families to ensure that they receive every benefit they deserve under the settlement.”

Brody's decision comes in the wake of a controversial April ruling that several class counsel lawyers pushed back on, apparently signaling a split in class leadership.

Among other things, the ruling imposed geographical limitations on which doctors ex-players could use to obtain qualifying diagnoses under the settlement agreement, created a two-member leadership committee in the claims administration appeals process and established rules about the level of detail qualified doctors need to provide to establish dementia diagnoses are “generally consistent” with the claims administration protocols.

Marks, Locks and Weiss objected to the ruling, saying the changes essentially eliminated several settlement aspects that the players bargained for.

“It moves the entire agreement closer to what the NFL always wanted but the class rejected — something akin to the benefits plan with a multi-layered set of reviews and a process that provides multiple opportunities to reject a player's claim,” the lawyers said.

The lawyers also contended the changes should not have been made without the consent of class counsel.

Seeger did not join that motion entirely but objected to the geographical limitations.

Brody held a hearing on motions for reconsideration argued by Locks and a Seeger Weiss lawyer. The judge denied the motions May 16, saying the changes did not materially alter the substance of the agreement but were meant instead to ensure efficiency and help safeguard against fraud.

Attorney Patrick Tighe of North Palm Beach, who represents nearly 70 ex-players who registered claims, many of which are under audit, said the changes on the appeals process and the “generally consistent” standard are of particular importance for the players because of the potential for delayed payments.

“My players are very upset,” Tighe said. “All the players are disheartened. They're all like, 'It's the same old NFL. We knew it was too good to be true.' ”

He noted the dismissed class counsel represented thousands of players and having them in leadership made him more confident the players' issues would be raised directly with the court.

“ I'm not saying [Seeger's] not doing work on the files, but they are at 40,000 feet. Gene Locks, David Langfitt and Stephen Marks, they're on the ground level,” Tighe said. “He doesn't have that pressure of real family members saying this has dire consequences.”

Texas attorney Lance Lubel, who is not a member of class leadership, filed a notice of appeal on the April order, but at least one attorney questioned whether issues directly affecting players will be as strenuously pursued under the more limited class counsel.

Locks said there was still time before a decision has to be made about appealing the ruling on class counsel status and said the rulings may raise “legal questions that have to be answered.”

Nast did not share those concerns and said attorneys can still appeal rulings and raise issues on behalf of their individual clients regardless of their appointed status.

“You do whatever you need to do to protect your clients. You don't have to be appointed to do that,” Nast said. “Knowing Judge Brody, I think that she is going to let anyone come in and raise a question they have whether they have an appointment or not.”