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Case: 15-2304

Document: 003112235407

Page: 1

Date Filed: 03/16/2016

March 16, 2016

VIA ECF
Marcia M. Waldron
Clerk of Court
U.S. Court of Appeals for the Third Circuit
James A. Byrne United States Courthouse
601 Market Street
Philadelphia, PA 19106
Re:

In re National Football League Players Concussion Injury Litig., No. 15-2304

Dear Ms. Waldron:


The March 15, 2016 letter submitted by Steven F. Molo, counsel for the Faneca Objectors, fails
to identify any new authority, as required under Fed. R. App. P. 28(j).
First, statements to Congress by an NFL representative do not constitute new authority in any
sense. In his statement, NFL vice president Jeff Miller referenced the studies by Boston
University researcher Ann McKee that established a high percentage of CTE in a non-random
examination of the brains of 85 deceased athletes and veterans, several of which were NFL
players. The McKee study was extensively addressed by the district court in approving the
Settlement Agreement, and was the subject of extensive discussion before this Court at oral
argument. The McKee study, which was funded in part by the NFL, was known to all parties
throughout this litigation.
Second, lacking new information to offer, Mr. Molos letter is an improper attempt to reopen
briefing in this case. The letter, consistent with Appellants underlying briefing, misunderstands
the settlement at issue. The parties agreed to a long-term compensation system for the conditions
that are associated with the concussive and subconcussive impacts seen with football play. Mr.
Molos letter ignores the broad relief provided to anyone who played NFL football through the
Baseline Assessment Program. It further ignores the significant monetary awards for the
objectively verifiable and most serious neurocognitive and neuromuscular injuries that have been
associated with CTE in the reports by McKee and others, namely, dementia, Alzheimers
Disease, Parkinsons Disease, and ALS. The statements by the NFL representative do not alter

NewYorkNewarkPhiladelphia

Case: 15-2304

Document: 003112235407

Page: 2

Date Filed: 03/16/2016

Clerk of Court
March 16, 2016
Page 2
the underlying science or the significant compensation set forth in the Settlement Agreement,
which has been overwhelmingly approved by the Class.

Respectfully submitted,
/s/ Christopher A. Seeger
Christopher A. Seeger
Samuel Issacharoff
Counsel for Plaintiffs-Appellees

cc: All counsel of Record (via ECF)

Case: 15-2304

Document: 003112235407

Page: 3

Date Filed: 03/16/2016

CERTIFICATE OF SERVICE
I hereby certify that on March 16, 2016, I electronically filed the foregoing
with the Clerk of the Court for the United States Court of Appeals for the Third
Circuit by using the CM/ECF system. I certify that all participants in the case
are registered CM/ECF users and that service will be accomplished by the CM/ECF
system.
Date: March 16, 2016

s/Christopher A. Seeger
Christopher A. Seeger

500 New Jersey Avenue, NW Seventh Floor Washington, DC 20001


Telephone (202) 234-0090 www.bancroftpllc.com Facsimile (202) 234-2806