Phil Calabrese comments on injury litigation
Attorney Phil Calabrese’s remarks appeared in a July 31, 2014 Law 360 article about a $75 million settlement between the NCAA and student athletes. The controversial settlement, although hefty, includes provisions that some lawyers say will keep the NCAA’s exposure to future lawsuits low because it requires players to bring individual suits, rather than class actions, to seek recovery for injuries. The settlement reflects the idea that the courts are “skeptical” toward class actions in injury suits, where the causes, injuries and damages vary greatly among individuals, the article said.
" 'It’s been long established that federal courts do not favor class actions in the personal injury context, which is why you don’t see many of them,' "Calabrese told Law 360 reporter Sindhu Sundar. " 'Even when you do, they tend to be in unusual circumstances like airline accidents, and even then it might just be on a single question. I think a lot of the criticism here is ultimately directed more at the law than the settlement.' "