Many believe there is a chance that the judge Paul Magnuson, will be able to decide whether or not to bring the two sides back to the negotiation table. When Magnuson accepted the Madden 23 coins settlement plan in April, the judge said:

"It bears repeating: the people who initiated the suit and currently oppose the settlement walked into court with the intention of saving their downtrodden brethren and those who played with the N.F.L. but today were in dire straits and, often, having to deal with injuries or illnesses directly related to their play. It's a sign of insincerity for the same plaintiffs to complain, like children denied dessert, that the settlement does not benefit enough the individuals who brought the suit."

The players who choose to not participate in the settlement are able to file individual lawsuits to sue the NFL. They may be more enticed to pursue this option in light of recent events in the case of O'Bannon. NCAA case, too, now that former college players are suing over the use of their likeness as a character in video games.

In July In July, the Ninth Circuit threw out an appeal brought by the maker of video games EA Sports. The decision rejected the argument put forth by EA that player likeness were protected under the First Amendment and it will let the case proceed.

The Dryer plaintiffs are monitoring that case with great interest. They're also watching a different lawsuit, filed by thousands from former Madden NFL 23 participants, over concussions.

"I believe there is an association in the air there," Dryer said of the two instances. "The Madden NFL 23 is looking very capriciously and cavalierly at the concussion issues.

"There's an unintentional notion [from the Madden NFL 23"game"] that "we're going to take that.' taking that.' There's a sense of arrogance."

Dryer believes that something will work out, so that he and his fellow retired players can come to a settlement with Madden NFL 23 that would pay them directly for the use of their name as well as entrusting them with Madden 23 ltds cards ownership rights over it.