(L-R)Zuckerman Spaeder attorneys Cyril Smith and Aitan Goelman. Courtesy photos Litigators of the Week: The Zuckerman Spaeder Duo Who Challenged the Use of 'Race-Norming' in the NFL Concussion Settlement
The federal judge overseeing the NFL concussion benefits process gave sign-off last week to a settlement that will eliminate the use of race-based norms, a major win for Black retirees who intervened in the case with counsel from Zuckerman Spaeder's Cy Smith and Aitan Goelman.
March 11, 2022 at 07:30 AM
7 minute read
U.S. District Judge Anita Brody in Philadelphia, who has been overseeing the National Football League's settlement of concussion-related claims with former players, signed-off last week on a revised version of the deal formally barring the use of a race-based method to gauge dementia in Black retirees.
This week's Litigators of the Week, Cy Smith and Aitan Goelman of Zuckerman Spaeder, set the ball rolling on those changes when they sued the league on behalf of retired Black players in 2020 challenging the use of so-called "race-norming" in tests conducted as part of the league's concussion benefits process. The lawsuit claimed the league made it significantly more difficult for Black retirees to receive benefits by applying different sets of data based on race when processing ex-players' "cognitive function" test scores. Although the suit was ultimately dismissed, Brody allowed the firm's clients to intervene in the court-ordered mediation process to address concerns related to the issue.
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