Evans

ORDER GRANTING IN PART MOTION TO DISMISS

INTRODUCTION

Defendants in this putative class action move to dismiss plaintiffs’ amended complaint, which asserts RICO and concealment claims in addition to previously asserted claims for intentional misrepresentation and conspiracy. Defendants’ motion is Granted in part.

STATEMENT

Defendants are the thirty-two member clubs of the National Football League. Plaintiffs are the estate of a former NFL player and twelve retired players. Between them, the thirteen plaintiffs played for all thirty-two defendant clubs (Dkt. No. 136 at 8-12). The following facts are taken from the amended complaint.

Since its inception in the 1920s, the NFL has risen in both popularity and profitability. The clubs’ dedication to keeping professional players on the field even when injured or in pain, dubbed “return to play,” became a driving force behind this success. According to the amended complaint, “return to play” manifested in several ways. First, general managers, coaches, and media attention allegedly pressured players to return to play as soon as possible despite injury or pain. Second, the clubs allegedly pressured players to return to play through…