Case: 15-2304

Document: 003112232896

Page: 1

Date Filed: 03/15/2016

Steven F. Molo
Molo Lamken LLP
540 Madison Avenue
New York, NY 10022
T: 212.607.8170
F: 212.607.8161
smolo@mololamken.com
www.mololamken.com

March 15, 2016

By ECF
The Honorable Marcia M. Waldron
Clerk of Court
U.S. Court of Appeals for the Third Circuit
21400 U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Re:

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

Dear Ms. Waldron,

I write to apprise the Court of pertinent and significant authority pursuant to Federal Rule
of Appellate Procedure 28( j).
Yesterday, the House Energy & Commerce Subcommittee on Oversight & Investigations
held a roundtable discussion on concussions. Jeff Miller, the NFLs Executive Vice President
of Health and Safety Policy, participated in that roundtable. During the roundtable,
Representative Schakowsky asked, Mr. Miller, do you think there is a link between football and
degenerative brain disorders like CTE? Mr. Miller responded: Well, certainly, Dr. McKees
research shows that a number of retired NFL players are diagnosed with CTE so, there the
answer to that question is certainly yes. C-SPAN3, Concussion Research & Treatment, at
timestamp 1:24:26 (Mar. 14, 2016) (emphasis added), http://www.c-span.org/video/?4064501/hearing-concussions. He later affirmed, I think certainly, based off Dr. McKees research
theres a link because shes found CTE in a number of retired football players. Id. at 1:25:09
(emphasis added).
The NFLs admission supports both the Faneca Objectors argument that CTE was the
most serious and harmful disease resulting from concussions, and their reliance on Dr.
McKees research. Faneca Br. 38, 42-44. The NFLs comments further signal the NFLs
acceptance of Dr. McKees conclusions regarding CTEa stark turn from its position before the
district court, which relied on the NFLs experts to dismiss the significance of that same
research. See A.138-40. The NFLs statements make clear that the NFL now accepts what
science already knows: a direct link exists between traumatic brain injury and CTE. Faneca
Br. 40. Given that, the Settlements failure to compensate present and future CTE is
inexcusable. Id. at 37-47.

Case: 15-2304

Document: 003112232896

Page: 2

Date Filed: 03/15/2016

-2The NFLs testimony also directly contradicts its positions in this case. For example, the
NFL argued that researchers have not reliably determined which events make a person more
likely to develop CTE. NFL Br. 72. And it stated (at 52) that the speculation that repeated
concussion or subconcussive impacts cause CTE remains unproven. But clearly, the NFL, per
its Executive Vice President Mr. Miller, believes that football is certainly . . . link[ed] to CTE.
That cannot be reconciled with the NFLs position in briefing.
Respectfully submitted,
/s/ Steven F. Molo
Steven F. Molo
Cc: All counsel by ECF

Case: 15-2304

Document: 003112232896

Page: 3

Date Filed: 03/15/2016

-3CERTIFICATE OF SERVICE
I certify that today, March 15, 2016, I caused the foregoing Letter of Supplemental
Authority to be electronically filed with the Clerk of the Court for the U.S. Court of Appeals for
the Third Circuit using the appellate CM/ECF system. All participants in the case are registered
CM/ECF users and will be served by the appellate CM/ECF system.

March 15, 2016

/s/ Steven F. Molo