(Bloomberg) -- The National Football League won final courtapproval of a $765 million settlement of ex-player head-injuryclaims, overriding criticism that the money still falls short andthe deal terms are unfair.

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The decision ends almost two years of negotiations over headinjuries -- at least for now -- after the league agreed to changessought by the judge overseeing the case.

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If no appeals are filed, the benefits process will open as soonas this summer, Chris Seeger, lead attorney for the players, saidin a statement. “If any objector appeals the final approval order,however, no benefits will become available until this process isexhausted -- which will take months, if not years to resolve.”

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More than 5,000 former football players sued the league seekingdamages for head injuries. In the complaints, consolidated infederal court in Philadelphia, the retirees accusedthe NFL of negligence and failing to tell players of thelink between repeated traumatic head impacts and long-term braininjuries.

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U.S. District Judge Anita Brody said Wednesday that the reviseddeal was “more favorable” to the class of more than 20,000 retiredfootball players. Most of the players had endorsed theagreement.

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“Today’s decision powerfully underscores the fairness andpropriety of this historic settlement,” Jeff Pash, the NFL’sgeneral counsel, said in an e-mailed statement. “Retirees and theirfamilies will be eligible for prompt and substantial benefits andwill avoid years of costly litigation.”

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Hockey Claims

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Brody’s ruling comes as the National Hockey League facesmounting claims over head injuries. Similar claims have been filedagainst U.S. soccer organizations and FIFA, the sport’sinternational governing body.

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Last week, a federal judge in Chicago declined to approve theNational Collegiate Athletic Association’s $75 million settlementover student players’ concussions after a plaintiffs’ lawyerquestioned the adequacy of the agreement.

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While the NFL’s settlement is valued at $765 million, there’s nocap on a $675 million compensation fund that’s part of the deal.The NFL also removed a cap on a $75 million fund formedical monitoring. The league estimates it will have to pay nomore than $900 million, according to court records.

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The most popular U.S. sports league, the NFL reapedabout $10 billion in total revenue last season.

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Team Responsibility

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Images and stories of retired football players suffering fromailments dealt a blow to the idealized post-career athlete, whichis what fans loved about the game, said Robert Boland, a professorof Sports Management at New York University.

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“I don’t know if the genie will ever go back in the bottle,” butwith the concussion issue settled “the casual fan is a little morecomfortable watching the game again,” Boland, a former agent, saidin a phone interview.

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The NFL “showed sensitivity” by settling with retiredplayers instead of dragging out litigation, Boland said. However,the accord now makes an athlete’s post-career life a team’s“responsibility.”

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“In the moment, in the snapshot, it’s definitely a victory forthe NFL and it creates a dynamic where they hope to sortof leapfrog from this issue to talk about the game of the futureand the development of a safer game,” said Dan Lebowitz, executivedirector of Northeastern University’s Center for the Study of Sportin Society.

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The NFL will have to be proactive in using the brandto focus on a safer ways to operate in youth leagues, he said.

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The settlement doesn’t end claims against Riddell Inc., once theleague’s official helmet provider.

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Potential Pitfalls

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Brody spelled out her rationale over 132 pages, writing that thefinal decision was made after considering potential pitfalls forthe class. Collective bargaining rules could have sunk the case aswell as potential league defenses that some claims were too old tobe brought, Brody said.

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The judge said she was faced with evaluating “whether thesettlement represents a good value for a weak case or a poor valuefor a strong case.”

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“The settlement allows class members to choose certainty inlight of the risks of litigation,” she wrote. It also eliminatesthe possibility of arbitration, she said.

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About 1% of players opted out of the settlement and dozens more,including a few who ultimately accepted the deal, criticized it.The deal fell short, especially for players with symptoms of CTE, abrain disease diagnosed only after death, they said. The diseasehas been linked to the suicides of Pro Bowl linebacker Junior Seauand Chicago Bears safety David Duerson.

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CTE Claims

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Under Brody’s direction, the league agreed to extend payments tocover deaths of players who died from CTE between the settlement’sJuly 7 preliminary approval date and final approval. Brody rejectedcalls to go beyond that, saying it reasonably covers associatedsymptoms of CTE.

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“A prospective death with CTE benefit would incentivize suicidebecause CTE can only be diagnosed after death,” Brody wrote.

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Last year, the U.S. Court of Appeals in Philadelphia denied arequest by seven former players to challenge Brody’s decision,saying their appeal was premature. An appeal must wait until herruling on final approval of the settlement, the court said.

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“We are reviewing the court’s detailed opinion to determinewhere things go next,” Steven F. Molo, an attorney for objectingplayers, said in an e-mail.

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Brody didn’t rule on attorney’s fees, saying the issue would beraised by petition at a later date. TheNFL has already said itwouldn’t contest as much as $112.5 million in fees, which would bepaid in addition to the settlement costs.

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The case is In re National Football Players’ Concussion InjuryLitigation, 12-md-02323, U.S. District Court, Eastern District ofPennsylvania (Philadelphia).

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--With assistance from Phil Milford in Wilmington, Delaware,Michael Bathon in Wilmington and Erik Matuszewski and Eben Novy-Williams in New York.

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Copyright 2018 Bloomberg. All rightsreserved. This material may not be published, broadcast, rewritten,or redistributed.

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