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If players decide to decide to opt out or in the settlement proposal, the issue heads back in the direction of the Federal court in Minnesota. If enough players choose to opt out then the judge is able to reopen talks between the players and the league however, there is no time limit for this to happen.

Many believe that the judge, Paul Magnuson, will decide not to send the two sides back to the table to negotiate. When Magnuson accepted the Madden NFL 24's proposed settlement in April, he stated:

"It is important to reiterate that those who filed this suit and who currently are against the settlement rode into court with the intention of helping their disadvantaged brethren, those who had played with the N.F.L. but were today in debt and, often, being afflicted by injuries or illness directly related their playing days. It's an act of disingenuousness for these same plaintiffs to be complaining of being like children who were denied dessert that the settlement will not benefit enough the individuals who filed the suit."

The players who choose to not participate in the settlement may then file individually with the League. They could be pushed to do so in light of recent events in the case of O'Bannon. NCAA case, too, now that former college athletes are suing over the use of their image that is being used in video games.

In July the Ninth Circuit threw out an appeal by the video game maker EA Sports. The decision rejected EA's argument EA that player likeness were protected under the First Amendment and cheap madden 24 coins it will allow the case to proceed.