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.






Top City Of Chattanooga Salaries

Here are the top salaries for the city of Chattanooga: Bean, Russell J       City Judge        $170,537.41 Paty, Sherry B City Judge        $170,537.41 Berke, Andrew L.        Mayor  $161,030 Fletcher, Frederick Allen Police Chief     ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: APPLEBET, MICHAEL VERNARD  1706 BRADT ST CHATTANOOGA, 37406  Age at Arrest: 57 years old Arresting Agency: Chattanooga PUBLIC INTOXICATION DISORDERLY CONDUCT --- BABCOCK, JEREMY RAY  1134 SHADY FORK RD CHATTANOOGA, 37421  Age at Arrest: 37 years old Arresting Agency: East Ridge ... (click for more)

A Disturbing Trend At Exit 11 - And Response (5)

So, am I the first to notice a trend?   How many wrecks does exit 11 need before anyone asks "whats up with that?"  I have lost count of the wrecks that continue to happen, even after last year's awful loss of life (which I believe 51 percent of the blame should fall on the THP officer on duty).  The problem with this section of interstate are sight lines ... (click for more)

Roy Exum: My Garden This July

I can never remember a day in July when my garden, my lawn, my dogwood tree, and my ferns are all wilting for lack of rain. Right now we are more than eight inches under our average rainfall for the first six months and, on this wonderful weekend, those who love firecrackers are urged to keep a pail of water in case a spark could cause a fire. On the other hand, every July 4 th ... (click for more)

Signal Mountain Whips Dalton For Top Spot In Blue

The Signal Mountain Green Giants have the upper hand in the Chattanooga Area Swim League’s highly-competitive Blue division and the clinched at least a tie for first place with Thursday’s win over Dalton, but they’ll have to wait until Tuesday before the championship celebration can officially begin. The Green Giants lost to Dalton by 15 points at Dalton in the first week of ... (click for more)

Travis Hale New Softball Coach At Soddy-Daisy

Travis Hale, who spent one year under being groomed for the job, has been named the new softball coach at Soddy-Daisy High School. Hale, who previously was an assistant coach at Hixson and head coach at Loftis Middle School, was groomed for the job last season working under coach Wes Skiles, who has stepped down after four seasons. “I focused on paying attention to what ... (click for more)