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Judge still skeptical about $75-million NCAA concussion settlement

Robert Deutsch-USA TODAY Sports / Reuters

NA federal judge is looking for more members from non-contact sports to step up as the NCAA and its athletes pursue court approval for a $75-million class-action settlement related to concussions.

U.S. District Judge John Lee denied a motion to add two athletes, who participate in track and field and golf, to address some of his concerns, CBS Sports' Jon Solomon reports.

Lee cited the necessity of former NCAA athletes joining current ones in the settlement negotiation for the sake of added perspective. 

"[T]hese class representatives and this class are being asked to give up certain rights in exchange for certain benefits, right?" Lee said. "And I think that in that regard, perspective of … a representative number of class representatives who are former athletes in non-contact sports would be useful to make that overall endorsement of is this a settlement that we can endorse, as opposed to is there a difference between this particular term as it affects current athletes versus former athletes."

Lee said he will move forward on two conditions, according to Solomon's report: 

  • Lee wants the Adrian Arrington plaintiffs to address whether the class is adequately represented. “I think that issue is one of the overaching issues and concerns that I have with regard to the settlement proposed by the parties,” Lee said, according to a transcript from a Nov. 18 hearing.

  • Lee said he intends to alert the parties shortly about “additional concerns” with the settlement, which would allow athletes to preserve their rights to individually sue for personal-injury damages while waiving their collective claims. He did not specify those other concerns.

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