Hearing to set course for concussion-related lawsuit against NFL

With perhaps billions of dollars at stake, a hearing Tuesday in Philadelphia over concussion litigation filed against the NFL will be held to determine whether the lawsuits stay in federal court or are "preempted" by the collective bargaining agreements.

About 4,200 former players have sued the league. Some say they suffer from dementia, depression, Alzheimer's disease, and other neurological problems. Others simply want their health monitored.

A small number, including Ray Easterling and 12-time Pro Bowler Junior Seau, committed suicide after long downward spirals.

The players' lawyers accuse the NFL of promoting violence in the game and concealing known cognitive risks. They hope to keep the litigation in federal court so they can use the discovery process to access NFL files.

The NFL, with $9.2 billion in annual revenues, argues that the complaints belong in arbitration under terms of the collective bargaining agreement. The league insists it has always followed the best available science.

The NFL will be represented by Paul Clement, a former U.S. solicitor general under President George W. Bush.

Players' lawyer David Frederick has taken consumer protection fights over investor fees and prescription drug warnings to the high court.

Senior U.S. District Judge Anita B. Brody will hear the case. Scores of related lawsuits around the country have been steered to her.

If Brody sides with the players, the cases would be returned to their home states to resolve individual damage claims.

If the NFL prevails, the players must seek individual arbitration awards. But no money is expected to change hands for years while the case plays out. Brody's ruling, which could take months, is likely to be appealed by the losing side.