As covered by Sports Illustrated, Judge Anita Brody, the federal jurist assigned to supervise the football head injury cases, is questioning whether the proposed settlement is large enough to handle the problem of continuing care for retired football players claiming head injuries.
While parties are free to litigate, class action suits have the additional requirement that a judge must agree that the settlement is adequate — in other words, they must ensure that justice has been done. While not in the class-action sphere, perhaps the most famous example of this is Judge John Sirica refusing to take plea deals in the Watergate scandal. It was after that refusal that all hell broke loose and the truth was outed.
Federal judges have lifetime appointments and the good ones take justice seriously. The football concussion cases are front page news and any judge is going to want to ensure that the money is adequate and the issues are properly resolved. It is both the right thing to do and politically wise.