February 17, 2016 Concussions / Litigation / NHL

NHL Again Seeks Dismissal of Former Players’ Spouses’ Claims

Last week, the NHL filed a new memorandum in support of its motion to dismiss the wrongful death and loss of consortium claims brought by the spouses of ex-players in December 2015. These claims were tacked on to the players’ master amended complaint at the end of last year, which was filed in the MDL case in Minnesota, to deal with issues of concussions and other head-related injuries, as well as the long-term effects players’ suffered over their careers.

The NHL had supplemented its pending …

February 11, 2016 Concussions / NCAA / NFL / NHL

An Insight into Understanding CTE and its Role in NFL Concussion Litigation

As another NFL season wrapped up over the weekend with the Denver Broncos defeating the Carolina Panthers in Super Bowl 50, fans might be wondering just how they are going to fill their football-less void for the next six months. Well, the NFL might actually be in the news more heavily this offseason compared to years past — although not necessarily for a good reason. Concussions, head trauma, CTE — these are words being tossed around on almost a daily basis from every news outlet …

February 8, 2016 Concussions / Litigation / NFL

Riddell Concussion Update: Helmet Company Thrown Back into NFL Suit

Between January 27 and February 3, 2016, US District Judge Anita B. Brody handed down two new orders in the seemingly never-ending NFL concussion suit. The first decision was actually a reversal of one of Judge Brody’s previous ones, turning over her December 2015 decision to sever claims against helmet-maker Riddell, Inc., who is being targeted by the former players in the suit for making an inferior work product that caused, or at least did not properly prevent, concussion and other head injuries on the …

February 4, 2016 Concussions / Litigation / NHL

Retired Players Urge Court to Continue Discovery in NHL Concussion Suit

On Tuesday, February 2, 2016, former hockey players in the multidistrict litigation concussion suit filed a memorandum in opposition to the NHL’s motion to stay discovery. The league’s motion was filed in January, seeking a stay until its 2014 motion to dismiss is ruled on, arguing it has complied with all discovery requests and spent millions of dollars in what may potentially end up being extraneous spending if the suit is tossed.

Players are arguing that the NHL’s sudden attempt at halting discovery is …

January 28, 2016 Concussions / Litigation / NCAA

NCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications

On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect.

The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes …

January 27, 2016 Concussions / Litigation

Former KC Footballers Again Ask Court to Separate Claims

On Monday, January 25, 2016, a group of ex-Kansas City Chiefs renewed their remand bid seeking to get out of Pennsylvania federal court and back to a Missouri venue. The move comes as no surprise, as the players originally sought a transfer out of the multidistrict litigation concussion suit plaguing the NFL nearly two years ago.

In the renewed motion, the players bring focus as to why Missouri state court is a more appropriate forum, arguing that their claims are predicated entirely on state …

January 20, 2016 Concussions / Litigation

WWE, Discovery Going Forward in Concussion Suit

United States District Judge Vanessa L. Bryant of the Connecticut federal circuit lifted the discovery stay in a concussion lawsuit against the WWE on Friday, January 15, 2016. While many similar lawsuits against the wrestling company were transferred and consolidated before Judge Bryant over the last few years, the stay was lifted here only in regards to the claims filed by former wrestlers Evan Singleton and Vito LoGrasso.

Discovery will be limited, however, to allow the plaintiffs the opportunity to determine whether the WWE knew …

January 8, 2016 Concussions / NCAA / NHL / Soccer

Sports Litigation and Cases to Keep an Eye on in the New Year (Part II)

Part one of our look ahead at some of hottest sports litigation topics focused on the Deflategate appeal and the battle in New Jersey over the legalization of sports betting. Today, we’ll look at the latest surrounding the NCAA anitrust litigation, concussion litigation in the NHL, and the FIFA corruption scandal.

NCAA Antitrust Litigation

The Ninth Circuit’s recent decision in O’Bannon v. NCAA cleared the way for collegiate schools to offer student athletes the full cost of attending college, but also prevents schools from …

January 5, 2016 Concussions / NFL

You Don’t Have to Pay for That? “Concussion” Movie Legally Allowed to Depict NFL Logos Without League’s Consent

As anyone who has ever watched a football game on TV knows, one of the first things you hear before opening kickoff is a disclaimer stating that any broadcast or use of the NFL brand or its logos without its consent is prohibited under the law. People are so used to hearing the disclaimer that they probably don’t think about it too much; they just know that in order for the TV stations to broadcast the games, they need to legally disclaim any right to …

December 10, 2015 Concussions / Litigation / NHL

After Finding of CTE, Father of Deceased Hockey Player Sues NHL

After threatening to sue the NHL for months, the father of deceased ex-NHL player Steve Montador finally filed suit in a federal court on December 8, 2015.

Montador, who suffered a career-ending concussion in 2012, was found dead in February 2015 at the age of 35. In May 2015, after studying Montador’s brain, doctors released their finding that the player had chronic traumatic encephalopathy (CTE) — a brain degenerative disease believed to be caused by multiple concussions sustained over the course of time. That same …