9th Circ. Revives Ex-NFL Players' Painkiller Class Action

Law360 (September 6, 2018, 10:24 PM EDT) -- The Ninth Circuit on Thursday reversed the dismissal of a proposed class action brought by former football players who claimed the National Football League encouraged them to abuse painkillers, including opioids, saying a lower court erred in concluding their claims were preempted by the Labor Management Relations Act.

The panel in a published opinion said that the players’ negligence and other claims weren’t barred by the LMRA since the claims could be evaluated without looking at their collective bargaining agreements. The court said that the retired players aren’t just alleging that the league failed to prevent medication abuse by the teams,...

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