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Peter Gordon doesn’t believe a concussion class action would be successful
WESTERN Bulldogs president Peter Gordon believes a class action against the AFL relating to concussion would fail.
Player manager and concussion campaigner Peter Jess has led a charge for a class action, with more than 70 retired AFL players battling neurological impairments linked to head knocks being screened as part of looming Federal Court damages action.
Leading lawyer and Adelaide United chairman Greg Griffin is also part of the movement, having recently travelled to Boston to meet US concussion specialists that had been involved in the litigation against the NFL and NHL.
But Gordon, one of Australia’s most prominent class action lawyers via his firm Gordon Legal, said he would not take the case on due to what he perceived to be significant differences between the US and Australian cases.
“One can understand the issue being topical for them, because in the United States, the NFL has seen a massive billion-dollar plus settlement for its players in recent years,” Gordon said on the new Beyond Reasonable Clout podcast.
“I would argue that there are a lot of differences between the two, and speaking as a lawyer myself, I wouldn’t take on the case in Australia against the AFL.
“People look at me when I say that and say ‘you must have some sort of conflict of interest’, but I’d have no hesitation taking it on if I thought that there was a good liability theory.”
The podcast, which also featured award-winning political journalist Lyndal Curtis and Labor MP Jane Garrett with Herald Sun sports journalist Jon Ralph as a special guest, takes in the law, politics and sport.
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