On Thursday, the NFL will file a federal motion that seeks to quash more than 140 consolidated concussion lawsuits, a league spokesman told ESPN.com.
The suits should be dismissed "on the basis that the claims are preempted by federal labor law," NFL VP/Communications Brian McCarthy said in a statement. "The league's preemption argument has already been accepted by two federal judges, who concluded that resolution of plaintiffs' negligence claims would require interpretation of the various collective bargaining agreements under which the plaintiffs played and therefore preempted by federal labor law."
More than 3,300 former players are named as plaintiffs argue that the case "belongs in the legal system." The league, citing Section 301 of federal labor law, argues that player safety and injury disputes belong in arbitration and not in the courts.
The sides have until mid-December to argue their case.
Since 2007, the league has offered those players whose head injuries have resulted in dementia to enroll in the 88 Plan, named after former tight end John Mackey, which pays for $100,000 per year in medical costs if the former player lives in a hospital or an assisted living community, and $88,000 a year if he lives at home.