The NFL Concussion Deal's Surprise Winner

Consolidated courtroom assaults in which hundreds or thousands of plaintiffs join forces were popularized in the 1980s and 1990s to deal with dangerous products such as asbestos insulation and cigarettes. But these mass lawsuits have since run into image problems: Judicial skeptics, including the Supreme Court’s conservative majority, have described class actions as a crude means of intimidation, one that obscures the particulars of alleged injuries and exaggerates supposed misdeeds. And then there are the enormous fees that plaintiffs’ lawyers often carve out of judgments or settlements. In a ruling in March, Justice Antonin Scalia noted: “The class action is an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.”

The National Football League’s $765 million concussion settlement, announced on Aug. 29, shows that sometimes exceptions are worth making. The pact would resolve consolidated claims by more than 5,000 ex-players for ailments related to head injuries. While it requires the approval of a federal judge in Philadelphia—and could disintegrate if too many former athletes dissent—the accord illustrates the potential advantages of dealing with at least certain kinds of voluminous legal conflicts in one fell swoop. In this case, the plaintiffs’ gang-tackling strategy helped the league realize that doing the right thing was also the financially smart thing.