Booth Review Reverses Limitations Call

Kennedy v. NCAA addressed the issue of whether the plaintiffs’ claims about CTE were barred by limitations. The Fifth Court reversed the trial court’s summary judgment in favor of the NCAA, holding that the NCAA did not conclusively establish that defense.

The Court found fact issues as to when the plaintiffs knew, or should have known through the exercise of reasonable diligence, that their father’s injury was likely related to his participation in college football. It considerd several specific events, including: the plaintiffs’ opt-out from a class-action settlement in 2017, an October 2, 2015 email inquiry about CTE, an August 18, 2014 intake questionnaire reporting head trauma from college football, a note by a doctor on October 8, 2015, and a 1998 conversation between the decedent and his brother about cognitive decline potentially related to football. No. 05-23-00958-CV, Mar. 25, 2025 (mem. op.).