No. 22-10710.

83 F.4th 423 (2023)

Michael CLOUD, Plaintiff-Appellee, v. The BERT BELL/PETE ROZELLE NFL PLAYER RETIREMENT PLAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 6, 2023.

Attorney(s) appearing for the Case

Christian Dennie , Dennie Firm, P.L.L.C., Trophy Club, TX, Matthew Nis Leerberg , Fox Rothschild LLP, Raleigh, NC, Kip D. Nelson , Attorney, Fox Rothschild, L.L.P., Greensboro, NC, for Plaintiff-Appellee.

Michael Lee Junk , Counsel, Edward Meehan , Groom Law Group, Chartered, Washington, DC, Nolan Cornelius Knight , Munsch Hardt Kopf & Harr, P.C., Dallas, TX, Dill Mitchell McFarland , Munsch Hardt Kopf & Harr, P.C., Houston, TX, Pratik A. Shah , James Edward Tysse, Esq. , Akin Gump Strauss Hauer & Feld, L.L.P., Washington, DC, Michael Weisbuch , Akin Gump Strauss Hauer & Feld, L.L.P., San Francisco, CA, for Defendant-Appellant.

Brett E. Legner , Mayer Brown, L.L.P., Chicago, IL, for Amicus Curiae American Benefits Council.

Luke Aaron Schamel , Yetter Coleman, L.L.P., Houston, TX, for Amici Curiae Advocacy for Fairness in Sports, Professor Roger Baron.

Before Willett, Engelhardt, and Oldham, Circuit Judges.

Football, by design, is a collision-based sport played with ferocity and velocity. It is thus surprising that, of the four major professional sports leagues in North America (football, baseball, basketball, and hockey), the frequency of injuries is lowest for football players—though not the severity.

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