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Concussion Cases Inspire New Course at George Washington’s Law School

The professor Michael Kaplen is a plaintiffs’ lawyer who has worked on cases involving traumatic brain injuries for more than two decades. CreditDoug Mills/The New York Times   By KEN BELSON APRIL 13, 2014 WASHINGTON — The revelations that hits to the head may lead to long-term brain damage have rocked the football world at all levels, alarming… Continue reading →


Federal judge nixes preliminary approval of $765M NFL concussion settlement

By Christian Red / NEW YORK DAILY NEWS U.S. District Court Judge Anita Brody cites among other concerns, that not all the retirees ‘who ultimately receive a qualifying diagnosis or their related claimants will be paid.’ A federal judge denied a motion for preliminary approval of the $765 million settlement between the NFL and more than 4,500… Continue reading →


Judge preliminarily denies NFL concussion settlement

Gary Mihoces, USA TODAY Sports - January 14, 2014 One law of sports also applies in the court of law: It’s not over ’til it’s over. When a tentative $765 million settlement was reached in August in concussion suits filed by more than 4,500 former players against the NFL, both sides lauded it as a way… Continue reading →


Many Ex-Players May Be Ineligible for Payment in N.F.L. Concussion Settlement

  By KEN BELSON Published: October 17, 2013 When the N.F.L. agreed to pay $765 million to settle a lawsuit brought by 4,500 retired players who said the league hid from them the long-term impact of concussions, lawyers in the case said all retirees would be eligible for a share of the settlement. The number of former players… Continue reading →


Players and Public Lose While NFL Reigns Victorious

In light of last night’s documentary League of Denial: The NFL’s Concussion Crisis, we felt it was important to revisit the statements NFL Commissioner Roger Goodell made the other week to Fox Sports broadcaster John Lynch concerning the proposed settlement of the players’ class action lawsuit. Those statements and the NFL’s longstanding unequivocal rejection of any… Continue reading →


Lawyers: NFL wins by keeping files closed

By Gary Mihoces , USA TODAY Sports Both sides say the $765 million settlement of concussion lawsuits filed against the NFL by about 4,500 former players is preferable to a court battle that might have dragged out a decade or more. Not all legal observers agree, because this means no court inquiry into allegations in the… Continue reading →


NFL reaches agreement on $765 million settlement with more than 4,500 former players to end concussion-related lawsuits

  At least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett, and Super Bowl-winning quarterback Jim McMahon, are among the plaintiffs. BY TERI THOMPSON AND CHRISTIAN RED / NEW YORK DAILY NEWS   The family of Junior Seau, who committed suicide last year, was part of the lawsuit against the… Continue reading →


Heads Up: Good Play or Good Ploy?

By Gary Mihoces , USA TODAY Sports ALEXANDRIA, Va. — Millions of kids still play tackle football. The NFL still makes billions of dollars. But both are challenged by concussions, which don’t discriminate between pee-wees or pros. And a dip in youth participation has the NFL’s attention, too. During practice with the Alexandria Titans of the… Continue reading →


A Mediated Settlement May Not Be the Best Solution to the NFL Concussion Crisis

    The proposed mediation between the NFL and the players may be desirable from the perspective of clearing United States District Court Judge Anita Brody’s docket. It will also unfortunately perpetuate the long standing conspiracy by the National Football League, its teams and physicians to conceal the fact that football is a concussion delivery… Continue reading →


Judge orders mediation on NFL concussion suits

A federal judge ordered the NFL and former players to mediation to explore a settlement of concussion-related litigation, but one legal expert says the public might be better served by a trial   (Photo: Donald Miralle, Getty Images) STORY HIGHLIGHTS U.S. District Judge Anita B. Brody said two sides should see if ‘consensual resolution is… Continue reading →



Our Credentials

Michael Kaplen

Professorial Lecturer in Law
The George Washington University Law School

Past Chair
New York State Traumatic
Brain Injury Coordinating Council

President
American Academy of Brain Injury Attorneys

Vice President
New York State Academy of Trial Lawyers

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

National Advisory Board
Association of Interstate
Trucking Lawyers of America

Past Co-Chair
Tort Section, New York County
Lawyers Association

Board of Directors
Trial Lawyers for Public Justice

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Editorial Board
Neurolaw Letter

Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers
Association-Fellow
North American Brain Injury Association

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Honors & Awards:

New York Super Lawyer
2006, 2007, 2008, 2009, 2010

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Board of Trustees, Melvin M. Belli Society

Shana DeCaro

1st Vice President
American Academy of Brain Injury Attorneys

Treasurer
Traumatic Brain Injury Litigation Group: American Association for Justice

Board of Trustees, Secretary
Civil Justice Foundation

Board of Directors
New York State Academy of Trial Lawyers

Fellow
American Association for Justice

Fellow
Melvin M. Belli Society

Editor
Law Update
New York Academy of Trial Lawyers

Amicus Counsel
New York State Academy of Trial Lawyers

Honors and Awards

Trial Lawyers for Public Justice
Public Achievement Award

President’s Award
New York State Academy of Trial Lawyers

Who’s Who in American Women

Who’s Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Member:

New York Academy of Trial Lawyers

New York State Trial Lawyers Association

Brain Injury Association New York State

North American Brain Injury Association

Member:
Nursing Home Litigation Group
American Assoc. for Justice

Interstate Trucking Litigation Group
American Assoc. for Justice

Brain Trauma Litigation Group
American Assoc. for Justice

Ask The Expert
Contributing Author
BrainLine

Admitted to Practice:

New York State
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York
United States Tax Court
United States Court of International Trade

 

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.