Eighth Circuit Affirms Approval of Settlement between the NFL and Former NFL Players

In 2009, former NFL players brought a class action against the NFL for the NFL’s use of the players’ name, voice, image and/or likeness.  Because of disagreements between the three co-lead counsel for the Plaintiffs, which stalled ongoing settlement discussions, on December 12, 2012, the Court appointed Dan Gustafson  as “one lawyer . . . [to] act as Lead Settlement Counsel” and that counsel’s obligations are not to one client but “to the class as a whole,” in settlement discussions.Four months later, after vigorous settlement negotiations, an agreement was reached between certain Settling Plaintiffs and the NFL, and, on November 1, 2013, the Court issued an order approving the Settlement.  The Settlement includes the creation of the Common Good Entity to support and promote the health and welfare of retired players, as well as the establishment of the Licensing Agency for those seeking to purchase the publicity rights of former NFL players.Certain Plaintiffs appealed  the District Court’s final approval of the settlement, arguing, in part, that because the settlement does not provide a direct financial payment to each class member, it not fair, reasonable and adequate.  The proponents of the Settlement argued that the Settlement provides substantial benefits to the Class through the Common Good Entity and the Licensing Agency.  Following briefing and oral argument, on May 21, 2015, the Eighth Circuit has affirmed the District Court’s approval of the class-action Settlement.Plaintiffs’ Lead Settlement Counsel, Dan Gustafson, said we are “very pleased with the Court’s opinion today, finding the Settlement with the NFL to be fair, reasonable and adequate.  Now we look forward to bringing this fight to an end and building the future partnership with the NFL and retired players for the benefit of all former players.”Click here to read the Eighth Circuit's Opinion.