Once players choose to take part or not in the settlement proposal the matter is sent back towards the Federal court in Minnesota. If enough players choose to opt out the judge may decide to revisit talks between league and the plaintiffs, but there's no requirement for this to happen.

Some believe an appeals court judge Paul Magnuson, will choose not to send both sides back to the negotiation table. When Magnuson was acquitting the MMOexp Madden NFL 24's settlement offer in April, he said:

"It is worth repeating: the individuals who originally brought the lawsuit and are now are against the settlement rode to court under the banner of saving their downtrodden brethren and those who played for the N.F.L. however, today they were in poverty and, often, suffering from injuries or illnesses directly related to their play. It's a sign of irresponsibility for these plaintiffs to claim about being treated like children who have no dessert that the settlement will not benefit enough the individuals who brought the suit."

The players who decide to opt out the settlement have the option of filing individually on behalf of the league. They may be more enticed to take this action because of the recent changes in the O'Bannon. NCAA case, too, now that former college athletes are suing over the way in which their names are as a character in video games.

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