New York Court Official to NFL: Hand over Documents in Insurer/Concussion Case

June 2, 2020 – Media Mention
The Athletic

In an article addressing the lawsuit between NFL players and insurers against the NFL over whether the league is liable for head injuries suffered during play, The Athletic quoted Irwin A. Kishner, co-chair of Herrick's Sports Law Group. The article notes that the players have settled with the NFL, however, a group of 10 insurers is still seeking, through litigation, evidence to prove its assertion that the NFL "perpetrated fraud in covering up health risks, which would invalidate the insurance claims." In this matter, the court-appointed referee issued a decision regarding discovery disputes between the insurance companies and the NFL that suggested that the NFL was not being "forthright in turning over information." As Kishner commented, "I do believe that the referee was frustrated with the NFL." Furthermore, Kishner noted "[w]hat is within those documents that they're trying to . . . not produce? What's within those . . . is there some sort of smoking gun that would prevent the insurer from, or would limit the amount of damages the insurer would have to pay?