
Man, a lot of these posts are mighty conclusory based on a huge amount of hearsay. Sure, if Dan Marino filed a separate case suing for monetary damages against the NFL rather than joining in on the class action against the NFL, the NFL can ask the court to take judicial notice of Marino's opinions on what he believed prior to filing his complaint (but even that is a long shot considering Fed. R. Evid. 200). But since Marino's case is being tacked on to the class action, Marino and 4,800 other plaintiffs just have to file a short-form complaint which contains standard language of brain-related injuries and exhibit symptoms that might have either been latent for years or present at time they were playing. He just becomes another face in the crowd and his case won't be scrutinized as carefully as if he brought his own suit (which he is most likely precluded from doing at this point anyway).
Focusing on the substantive issues of the law, the suit's main premise is that the NFL knew of the risks and concealed the information of "football-related brain injuries." Not that players necessarily assumed the risk. That is a given fact. Professional athletes impliedly consent to the inherent injuries of the sport.
However, even if they knew or should have known that concussions would lead to mental health disorders, this does not necessitate the conclusory facts that they consented to mental health issues, but rather that the NFL ACTIVELY CONCEALED AND MISREPRESENTED THE FACTUAL AND SCIENTIFIC FINDINGS that these injuries could lead to mental health issues. That is the key to all of this. The plaintiff's mental state (i.e. knowledge of the possible injuries) won't be as much in question as compared to the NFL's actions to actively misrepresent their own scientific and medical findings to preserve the state of the NFL brand.
If it is found that the NFL knew of these dangers associated with concussions and hid that from the players or did not actively make it apparent to the players then this all falls on the NFL in the eyes of the law.
I still respect Marino for filing suit. Unfortunately, this is a litigious society and we shouldn't pass judgment on someone following the actions of 4,800 other players. Is it sad that Marino has been brought to a point where he needs to do this for money or publicity? Sure. But, he isn't a terrible person that deserves less respect for it. Given the chance to scrounge a possible cool million or so in damages, I fervently believe most people would jump on that scenario.
As for Marino joining the organization...I'll pass. He's not John Elway. Elway was always known for his business acumen. Marino...not so much. I'd rather Marino mentor Tannehill than anything else.