The Indiana Supreme Court is deciding whether the NCAA’s top officials should have to testify in a concussion lawsuit. Three former college football players diagnosed with brain injury CTE contend the NCAA knew the injury risk but didn’t warn them or take steps to protect them. But the issue right now is whether three top NCAA executives should have to undergo questioning in the case. Five states have what’s known as the “apex doctrine,” saying you can’t demand the testimony of top executives unless there’s truly no one lower who can tell you what you need. Five others have explicitly rejected that approach.
