can someone explain to me what this is

I keep reading articles and nothing explains what actually happened. How would have some diminished cognitive capacity based on race both be offered by one side and accepted by the other AND approved by a court as part of a settlement in the present age?

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O judgment! Thou art fled to brutish beasts,
And men have lost their reason.

That was my thought too. Are we missing something? It doesn't seem possible.

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The Court will accord substantial deference to the government's immigration policies, particularly those that implicate matters of national security.

Sounded to me like the settlements were calculated using a formula based on the perceived loss of cognitive function. So let's say both a black player and white player were measured at 50 (post career), but the black guy was assumed to have started at 80 and the white guy started at 90 (according to whatever data the NFL used), then maybe the black guy got less money because they claim he only lost 30 instead of 40.

As for how it was agreed to, it is puzzling.

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It seems absurd that anyone would even suggest such a methodology, let alone that a court would accept it.

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The Court will accord substantial deference to the government's immigration policies, particularly those that implicate matters of national security.

Not these days it doesnt.

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Proud member of the white guy grievance committee

It aint the six minutes. Its what happens in those six minutes.

I just read about this in the Athletic. I'm confident that the NFL understood this made sense financially because of the higher percentage of black players. Does the judge need a complete understanding of something before signing off on it?

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Be well

GO BEARS!!!

judge has to approve a settlement (and they do get disapproved sometimes). I'd feel pretty tight in the collar as a judge if I approved a settlement that included payments being based on an assumed lower cognitive ability of a race compared to another race, especially a race that was most aggrieved. But no, judge's don't always read the entirety of the document, especially in a civil case. The attorneys give them a verbal synopsis at a hearing, the judge sprinkles magic dust on the agreement and boom, steak dinner!

but how did the player's attorney not put a big "WTF?" next to it on the redlining stage of drafting the agreement? and how did the owner's through their attorney have the balls to propose it?

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O judgment! Thou art fled to brutish beasts,
And men have lost their reason.

It was out in the open last year.



https://www.nytimes.com/2020/08/25/spor ... -bias.html

A podcast from All Lawyers are Bastards, what I assume is a favorite among many here, discusses how it's not just the NFL

https://podcasts.apple.com/us/podcast/a ... 0512066970

I'll bet the NFL lawyers first proposed using the individual Wunderlic test scores, and then settled for generic race-based averages as if they were doing the players a solid.

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It was probably some actuary tables guys like Dennis use for claims.

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Elections have consequences.

Offer a generous stock option package.