Attorneys In Chattanooga NCAA Concussion Case Agree To Mediation; Consolidating With Arrington Case Under Consideration

Saturday, October 26, 2013

Attorneys in the lawsuit filed in Chattanooga Federal Court against the NCAA over concussions have agreed to go to mediation.

Also, an effort is underway to have the case consolidated with the lawsuit filed two years ago in Illinois against the NCAA over the concussion issue by former Eastern Illinois defensive back Adrian Arrington and three others. Plaintiffs in the Chattanooga case are opposing consolidation.

The Arrington case is also headed to mediation.

The plaintiffs in the Chattanooga case and the NCAA have agreed to mediation before retired Federal Judge Layn Phillips on Feb. 18.

He is the same judge expected to handle the mediation in the Arrington case. He presided over the $765 million settlement between the NFL and about some 4,500 ex-NFL players from the NFL Players Association over concussions.

The Chattanooga complaint was filed on Sept. 3 by Chris Walker of Chattanooga, a defensive end for the University of Tennessee 2007-2111; Ben Walker of Knoxville, a defensive end for the University of Tennessee 2007-2111; and Dan Ahern of Pensacola, Fla., an offensive guard for North Carolina State from 1972-1976. 

The day after the Chattanooga case was filed, attorneys in the Arrington case filed a motion with the Judicial Panel on Multidistrict Litigation seeking to merge the Chattanooga case with the Arrington litigation.

The Judicial Panel on Multidistrict Litigation will hear arguments on the request on Dec. 5.

The 29-page Chattanooga suit says the NCAA "has breached its duty to protect college football players in the face of long-standing and overwhelming evidence regarding the need to do so. The NCAA has ignored this duty and profited immensely from its inaction and denial, all to the detriment of the players."

It says the NCAA "has failed to educate its football-playing athletes of the long term, life-altering risks and consequences of head impacts in football. They have failed to establish known protocols to prevent, mitigate, monitor, diagnose and treat brain injuries."

The case is assigned to Judge Curtis Collier and Magistrate Bill Carter.

Attorneys for the NCAA include Roger Dickson, Kyle Eiselstein and Crews Townsend of the local Miller and Martin law firm as well as J. Christian Word of Washington, D.C., and Mark Mester of Chicago.






Police Chief Fletcher Announces Picks For Top Leadership

Police Chief Fred Fletcher Wednesday made his picks for top leadership, releasing the names of 15 newly promoted individuals from within the Chattanooga Police Department. This announcement comes several weeks after Chief Fletcher was appointed.  “I am honored to announce today’s promotions," said Chief Fletcher.  "Together these individuals have served our community ... (click for more)

Corker Says Probe To Point Directly At Russia

Appearing on MSNBC’s Daily Rundown on Wednesday to discuss the missile strike on Malaysian Airlines flight MH17 over Ukraine, Senator Bob Corker said the investigation is “going to point directly at Russia.” He said there is bipartisan support for the U.S. “to act alone without Europe” in expanding existing sanctions against significant Russian entities in the energy, financial ... (click for more)

The Truth From Weston’s Sister - And Response (4)

I try not to read the negative articles and opinions about my older brother. Growing up around politics, I learned a long time ago that thick skin is not only necessary, it’s paramount. But this time, the lies and the rumors and the inaccurate information has gone too far. It’s too ridiculous for me to ignore. So let’s clear a few things up: Weston and I do not “come ... (click for more)

Roy Exum: Say It Ain't So, Larry Joe!

Larry Joe Wheelon, the tainted horse trainer who was charged with 18 counts of aggravated animal cruelty when his barn was raided in April of 2013 and some animals were sored so badly that they could barely walk, finally went to a court hearing in Blount County on Wednesday and his steps toward Judge Tammy Harrington’s bench were decidedly heavy. My goodness, yours would have been ... (click for more)

Mocs Picked First In SoCon Polls

The Chattanooga Mocs football team is the pick of litter in the Southern Conference. Coming off its first league title since 1984, the SoCon coaches and media deemed the Mocs the team to beat in 2014.   “It means we have good players,” Head Coach  Russ Huesman  said. “There is a long way to go from now until late November (when the regular season ends). ... (click for more)

Soddy-Daisy's Wright Commits To MTSU Baseball

Soddy-Daisy’s Andy Wright, a rising senior and dual-threat player, has made a non-binding verbal commitment to play baseball at Middle Tennessee State University. Wright, a pitcher/third baseman, chose the Conference USA Blue Raiders over Belmont, Air Force, Navy, UT-Martin and Carson-Newman. “I’m glad to get this (decision) off my back so I can enjoy my senior year,” Wright ... (click for more)