Page 5 - November 2020 Newsletter - Lawyers Edition

Appealable Issues

Based on a good faith belief that the determination of the Claims Administrator was
incorrect, the Retired NFL Football Player (or a Representative Claimant) may appeal
determinations as to:

1 whether the Retired 2 how the Claims 3 whether the Claim
NFL Football Player Administrator calculated Package is valid without
(or a Representative the Monetary Award; medical records under
Claimant) is entitled to a and Section 8.2(ii) of the
Monetary Award; Settlement Agreement.

No other Appeals may be noted on Monetary Awards. The Special Master has discretion to
Claim Determination Appeals direct appropriate relief as to the conduct of any Party to the Appeal or to multiple Appeals
concerning Monetary Awards that the Special Master determines to be vexatious, frivolous or in

The Rules Governing Appeals of Claim Determinations cover appeals made by a bad faith (Rule 7). See Rule 8 for what may be appealed on Derivative Claimant Awards.
Settlement Class Member, Class Counsel or the NFL Parties under Section 9.5 of What Happens After an Appeal is Filed

the Settlement Agreement from Claims Administrator determinations on Monetary
Awards and Derivative Claimant Awards. These Rules are available here. Section

9.7 of the Settlement Agreement also provides specific guidance on submissions
on Appeals. We highlight important information about Appeals here.
Filed Appeal Alert. Response of Statement of Class Reply to Statement
Upon receipt of a Appellee. Each Counsel. In an of Class Counsel.
timely appeal, we will Appellee (Party Appeal where Class The other Parties
Deadline to Appeal: Any Party wishing to appeal an Appealable Notice (the Appellant)
must note an Appeal within 30 days after the date of the Appealable Notice (Rule 10). provide a Filed Appeal responding to the Counsel is not the to the Appeal may
Alert to the other Appeal) may submit Appellant, within 15 submit a Reply to the
Parties to the Appeal a Response up to days after the later of Statement of Class
How to Note an Appeal through a Portal or 10 pages, double- the date of the Filed Counsel of up to

by mail to a Party spaced, setting Appeal Alert or the four pages, double-
1 Submit Appeal Form. Submit an Appeal 3 Statement. You may submit with the Appeals to the Appeal who out its position and date of the Response spaced, within 15 days
Form to us for your client through the Portal Form a statement of up to 10 pages (double- does not use a Portal. arguments on the of Appellee, Class after the Statement’s
or by mail or delivery. The Appeals Form is spaced) setting forth your arguments on The Filed Appeal Appeal, within 30 Counsel may submit date (Rule 16). The
available on each Portal and is included with the issue(s) appealed and citations to any Alert will include days after the date a Statement up to Reply must be limited
each Appealable Notice (Rule 11(a)). evidence previously submitted to us that you the Appellant’s of the Filed Appeal 10 pages, double- to addressing the
and your client contend supports the Appeal. Appeals Form (and Alert (Rule 14). The spaced, in support of issues raised in the
2 Identify Reason(s) for Appeal. Indicate
in the Appeals Form why you and your Exhibits to this statement are permitted, but any statement and Appellant may not or in opposition to the Statement of Class
you may not refer to or offer any evidence
client feel the Appealable Notice was exhibits submitted submit a reply Appeal (Rule 15). Counsel; Replies that
wrong. This is the issue(s) on Appeal that that was not before the Claims Administrator, with the Appeals (SA § 9.7(b)). include additional
you want the Special Master to decide. subject to Rule 23, which covers new Form) (Rule 13). issues are
The Special Master will only consider evidence (Rule 11(c)). Note: While exhibits to the Response of Appellee, Statement of Class not permitted
properly appealable issues under Rules 7 4 Pay Appeal Fee. Any Settlement Class Counsel and Reply to Statement of Class Counsel are permitted, no (SA §§ 9.7(b)-(c)).
and 8 (Rule 11(b)). Member noting an Appeal must pay a $1,000 submissions may refer to or include any evidence that was not before the
Appeal Fee that will be refunded if the Appeal Claims Administrator, subject to Rule 23(c), which covers new evidence.
is successful (Rule 12). CONTINUED ON PAGE 6 >>>

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