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Scott Toomey Referenced in NCAA Concussion News

C. Scott Toomey was referenced in a recent Bloomberg article entitled “NCAA Concussion Suits Merger Sought Even With Differences“.  The article discusses a December 5, 2013 hearing before the Judicial Panel on Multidistrict Litigation (JPML) regarding the potential consolidation of multiple class action suits into an MDL format.  The cases arise out of claims brought by former NCAA athletes against the NCAA for the alleged negligent governance of head injuries.  Only one of the ten pending class actions involves products liability claims against helmet manufacturers.  As counsel for one of the helmet manufacturers, Mr. Toomey argued that the single case involving helmet claims should not be merged into an MDL, given that the strict liability theories asserted against the manufacturers differ starkly from the general liability claims against the NCAA (i.e., “apples and oranges”).