• CTE-related protections
Three Words, Zero Teeth: 'CTE-Related Protections' Is a Clause That Means Nothing Until It Means Everything
Read that bullet again: 'CTE-related protections.' That's it. No definition of what qualifies as CTE-related. No threshold of diagnosis. No specified standard of care. No timeline for claims. No named liable party. In contract drafting, we call this an 'agreement to agree' — and courts throw those out constantly because there's nothing enforceable inside them. Here's the trap: the moment a former athlete files a claim, the institution's lawyers will ask exactly what I just asked. What IS a CTE-related protection under this legislation? The answer, as written, is whatever the defending party's attorneys argue it is. That's not protection — that's a placeholder wearing a protection's name tag. Compare this to how injury trust funds are listed — at least that implies a funded mechanism, a pool, a process. 'CTE-related protections' has none of that architecture. It's aspirational language dropped into what should be operational language. If this legislation is serious, that bullet needs to become a full section: defined diagnosis criteria, covered treatments, claims process, statute of limitations, and a named funding source. So here's the question: Who benefits most from leaving 'CTE-related protections' undefined — the athletes this bill claims to protect, or the institutions writing the checks?