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PHILADELPHIA -- A second petition has been filed asking the U.S. Supreme Court to reject the $1 billion settlement of NFL concussion lawsuits because of how it treats current brain injuries versus future ones.The former players who filed the petition complain that chronic traumatic encephalopathy diagnosed before the April 2015 cutoff can bring $4 million while future CTE diagnoses arent compensated. They say that violates Supreme Court rulings that insist each subgroup in a class action settlement be treated fairly.The petition, filed Monday, echoes earlier complaints that the lead players lawyers signed a quick deal with the NFL in 2013 favoring their clients over thousands of others.Lawyers on the Plaintiffs Steering Committee, who negotiated the deal, reject those arguments and say the appeals are holding up payments that ailing retirees need. The NFL declined to comment on Wednesday.The 31 petitioners include a number of men who played for the Dallas Cowboys, including 1996 Super Bowl MVP Larry Brown and Hall of Famer Charles Haley.Their lawyer, Deepak Gupta, said the Supreme Court had not reviewed a case involving the disparate treatment of class action subgroups in about 20 years. Meanwhile, he said, the federal appeals court in Philadelphia that upheld the NFL settlement has a different view of the issue than its counterpart in New York. That could pique the Supreme Courts interest.According to the petition, the family of former Chicago Bears safety Dave Duerson, who was found to have CTE after his 2011 suicide, can seek an award of up to $4 million while the family of former Oakland Raiders quarterback Ken Stabler, whose CTE was diagnosed after his July 2015 death, cannot.CTE, a degenerative disease found in people whove suffered severe hits to their heads or repeated concussions such as boxers and other athletes, currently can be diagnosed only at autopsy, although scientists hope to diagnose it in the living within the next decade.The settlement covers future cases of Alzheimers disease, Parkinsons disease, Lou Gehrigs disease and dementia but not CTE.Seeking to head off a tsunami of future claims, Gupta wrote in the petition, the NFL pushed for a global settlement of all current and future claims -- while compensating only current CTE claims.Supporters of the settlement say it compensates future cases of dementia. But the payout for dementia is expected to average $190,000, compared with $1.44 million for CTE, the petition said. Gupta and other critics also complain the plan does not compensate the depression, mood swings and memory loss they consider precursors to dementia and a CTE diagnosis.It could be months before the Supreme Court decides whether to hear the case. The earlier petition was filed by the family of former Buffalo Bills fullback Carlton Cookie Gilchrist.The Plaintiffs Steering Committee lawyers on Wednesday pointed to the 3rd U.S. Circuit decision that found the award scheme fair, reasonable and adequate.The settlement would resolve thousands of lawsuits that accuse the NFL of hiding what it knew about the risks of football concussions. The settlement, overseen by Senior U.S. District Judge Anita B. Brody, is designed to cover about 21,000 retirees for 65 years. About 9,000 of them have signed up for information, the plaintiffs lawyers said. 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NEW YORK -- Just when things are starting to fall in place for the surging New York Mets, another key injury clouded what should have been a jubilant clubhouse after one of their biggest wins this year.After Kelly Johnsons three-run double in the eighth inning broke a tie and lifted the Mets to a 5-2 win over the Miami Marlins on Wednesday night, manager Terry Collins announced that second baseman Neil Walker would probably have season-ending surgery on a herniated disc in his back.After all the evidence has been gathered, he thinks thats where hes probably headed, Collins said.Walker is expected to discuss his condition Thursday.Already without Matt Harvey (thoracic outlet syndrome) for the remainder of the year and with lingering injuries to Noah Syndergaard (bone spur), Steven Matz (shoulder/elbow), Asdrubal Cabrera (knee) and Yoenis Cespedes (quad), the loss of Walker comes at an inopportune moment. The Mets have won 10 of their last 13 to climb back into the National League wild-card race.This year, Walker has been a big part of this team, its a shame, infielder Wilmer Flores said. Weve had a lot of injuries but we have to keep playing with what we have.Cespedes singled off A.J. Ramos (1-2) to start the winning rally. Curtis Granderson walked. Flores flew out to center, advancing a hustling Cespedes to third. After Jay Bruce flew out to right, Travis dArnaud walked to load the bases, bringing up Johnson.Johnson, who was 25-for-79 with the bases loaded in his career with 74 RBI, drove the ball into the right field corner. He emphatically clapped his hands and swung his arms into the air after reaching second base.I cant explain the importance of having a veteran player who has been through many, many different situations, who can come off the bench and be a big hitter in big situations, Collins said.The victory gave New York a 15-14 record in August, their first winning month since April. Theyve moved to within 1 1/2 games of St. Louis for the NLs second wild card.Addison Reed (4-2) pitched a perfect eighth inning for the win. Jeurys Familia closed for his 44th save, a franchise record.Ramos also blew the save in Mondays series opener.I threw a slider that I was trying to make it around the zone and he took advantage of it, he said. He did what hes supposed to do with that in a big situation.ddddddddddddChristian Yelich homered for Miami, which dropped its fifth consecutive game.New York had plenty of opportunities against starter Jake Esch, who was making his major league debut. After a pair of strikeouts in the first inning, Esch allowed four consecutive runners in the second, including Flores 15th home run. He pitched himself of out trouble in the fourth by inducing a double play from Mets starter Bartolo Colon.The Marlins caught a break when 42-year old Ichiro Suzuki leaped above the center-field wall to take a potential two-run homer away from Curtis Granderson in the fifth.With New York already leading 2-1 and runners on first and second, All-Star Marcell Ozuna made a diving catch on Flores sinking line drive to end the third inning. After initially stepping to his left, Ozuna quickly changed direction, ranging to his right and made a nifty grab before tumbling over. He rolled over several times before coming to a stop.Ozuna was removed from the game in the next inning. X-rays were negative and is day-to-day.TRAINERS ROOM:Marlins: RHP David Phelps, originally scheduled to start Wednesdays game, was placed on the 15-day DL with a strained oblique. He hurt himself on his first swing during pitchers batting practice Tuesday.UP NEXT:Mets: RHP Jacob deGrom (7-7, 2.96 ERA) pitches the series finale; deGrom (rest) was scheduled to pitch in Fridays opener against Washington after a nine-day layoff, but was moved up a day with Matz not yet ready to come off of the disabled list.Marlins: RHP Jose Urena (2-5, 5.83 ERA) opposes deGrom. Hes lost four of six starts since moving to the Marlins rotation on July 19.MAKING MOVES:The Mets announced some moves after the game. First, they acquired 31-year old reliever Fernando Salas from the Anaheim Angels for pitcher Erik Manoah. Salas was 3-6 with a 4.47 ERA with the Angels but has four saves and a 2.93 ERA since the All-Star Game. Manoah was 5-5 with Class-A Brooklyn. OF Justin Ruggiano was moved to the 60-day DL to make room. The team also traded minor league catcher Nevin Ashley to Texas for cash. ' ' '