Earlier this week, 7 retired NFL players asked CA3 to let them appeal from the district court’s order certifying a settlement class in the ongoing concussion lawsuit brought by players against the NFL. Today, Public Citizen filed an amicus in support of the 7 seeking to appeal. The New York Times wrote that the request to appeal appeal is “an unusual strategy because the proposed settlement is not final and may still be altered.”
Unusual or not, the appeal effort has real legal muscle behind it. Counsel for the players is Martin Totaro, an appellate specialist at MoloLamken in DC and a former Smith clerk, and the Philly powerhouse Hangley Aronchick. And Public Citizen and Alan Morrison are widely respected repeat players in class-action-fairness litigation.