In July 2011, Retired NFL Football Players filed the first lawsuit against the NFL Parties alleging,
, that the NFL Parties breached their duties to the players by failing to take reasonable actions to protect players from the chronic risks created by concussive and sub-concussive head injuries and that the NFL Parties concealed those risks. Since then, more than 4,500 former players have filed substantially similar lawsuits. These lawsuits have been consolidated before me as a multidistrict litigation
, pursuant to 28 U.S.C. § 1407.
Panel on Multidistrict Litigation Transfer Order, Jan. 31, 2012, ECF No. 1. As the transferee judge, I exercise authority over any coordinated or consolidated pretrial proceedings, including settlement proceedings.
See In re Patenaude
, 210 F.3d 135, 144-45 (3d Cir. 2000); 15 Charles Alan Wright et al.,
Federal Practice & Procedure
§ 3866 (4th ed. 2013) (
“The transferee judge
inherits the entire pretrial jurisdiction that the transferor court could have exercised had the case not been transferred.
On July 8, 2013, I directed the parties to mediation before retired U.S. District Judge Layn Phillips. Order, July 8, 2013, ECF No. 5128
. During the course of the mediation, “[t]
he Settling Parties met with multiple medical, actuarial, and economic experts to determine, develop and test an appropriate settlement framework to meet the needs of Retired NFL Football Players suffering from, or at risk for, the cl
aimed injuries.” Pl. Mem.
Law 36, Jan. 6, 2014, ECF No. 5634.
“The parties’ economists and actuaries
assisted in modeling the likely disease incidence a
nd adequacy of the funding provisions and benefit levels contained in the proposed settlement.”
Pl. Mot. Ex. D, Phillips Decl. ¶ 8, Jan. 6, 2014, ECF No. 5634. On August 29, 2013, Judge Phillips informed me that the Plaintiffs and the NFL Parties had signed a term sheet
Case 2:12-md-02323-AB Document 5657 Filed 01/14/14 Page 2 of 12