Standing His Ground: Plaintiffs’ Attorney Releases Statement On Concussion Settlement Appeal

On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future.

Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that …

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Judge To Move Forward With Decision In Boogaard Wrongful Death Suit v. NHL

In 2013, the late NHL player Derek Boogaard’s parents filed a wrongful death suit in Illinois against the NHL. The plaintiffs allege that Boogaard’s death was a result of the NHL’s post-concussion drug treatment program, as Boogaard died in May of 2011 at the age of 28 after a prescription drug overdose. It was Boogaard’s team doctors that introduced him to the pain medication.

In recent weeks, a fight ensued over documents in a separate but seemingly related case. A federal judge in the …

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To Preempt or Not to Preempt: The Boogaard Wrongful Death Action v. the NHL

In recent weeks, the NHL has busily defended two cases involving the league’s alleged liability for player safety issues. Although the plaintiffs in each individual case have filed distinguishable allegations against the league, discovery in the two suits may become intertwined.

The first case is a multidistrict litigation (MDL) in which the plaintiffs — former NHL players — have claimed that the league is liable for their concussion-related medical problems. In the second case, the plaintiffs, parents of the late Derek Boogaard, alleged that the …

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CFL Adding Additional Concussion Testing Protocol to Sideline Reviews

Like many other professional sports leagues, the Canadian Football League (CFL) is currently facing litigation over concussion-related injuries as previously addressed in this post

Potentially as a response to both litigation and increasing public awareness of the long-term effects of concussions, the CFL has recently announced that it will be adding the King-Devick test to its sideline testing protocols for suspected concussions.  The King-Devick test is touted as a two-minute test that can be administered by non-medical personnel and measures a potentially-concussed player’s response …

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More ex-NFL Players Oppose the Concussion Settlement

Ten former NFL players filed their brief opposing the NFL’s settlement plan that is now before the Third Circuit Court of Appeals for review, citing that the plan unfairly excluded players who have yet to be diagnosed with CTE, a degenerative brain condition.

The opposing players argue that the plan overlooks a potential 19,000 players who are likely to develop neurological diseases but have yet to be diagnosed with any. A lawyer for the players said, “It is the height of hypocrisy for the parties …

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Bring it Back Now Y’all: Judge Allows Previously Dismissed Claims to Continue After Amended Complaint

On Monday, August 3, a federal judge reinstated a number of claims in a false advertising putative class action lawsuit. The lawsuit was originally filed in December 2013 by parents and others who argue that they paid extra for Riddell football helmets, thinking they would do a better job than others of preventing concussions.

Chief U.S. District Judge Jerome B. Simandle had dismissed the suit back in January, but he gave the lawyers for the parents leave to file an amended complaint to clarify their …

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Pulling Back the Curtain: Judge Orders NHL to Produce Medical Records in Concussion Suit

On Friday, a federal judge from Minnesota granted a motion to compel the National Hockey League to produce medical records in a multidistrict concussion lawsuit filed by former NHL players.

The NHL had previously refused to produce such documents unless specific players gave their consent, claiming the information was protected by the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, physician-patient privilege, and the NHL collective bargaining agreement.

The judge opined that the disclosure of such information was permissible as long as …

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Canadian Football League Concussion Suit Decision Reserved

As concussions continue to be a hot-button topic in the world of sports (as has been written on several times in Sports and Entertainment Insider), the Canadian Football League (“CFL”) awaits decision in the CFL’s iteration of this ongoing battle.

Arland Bruce, a former wide receiver and veteran of five different CFL teams filed suit in 2014 which is believed to be the first of its kind brought in the CFL.  The lawsuit maintained that in September 2012 he sustained a concussion but was inappropriately …

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NCAA Concussions: Conflict Between Plaintiff And Plaintiff’s Attorney Continues

Recently, ex-NCAA football player, Saints wide receiver, and lead plaintiff in NCAA concussion litigation Adrian Arrington claimed that he never agreed to a $75 million proposed concussion settlement that is currently under review by an Illinois federal court judge. He subsequently fired Joseph Siprut, his attorney.

Joseph Siprut fired back on Thursday, stating that Arrington’s claims that he never agreed to the $75 million deal and that he was misinformed were “demonstrably false.” Siprut further explained:

“It is absolutely a false statement that [Arrington]

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NCAA Concussions: Unhappy with Proposed Settlement, Player Fires Attorney

Former NCAA football player and Saints wide receiver Adrian Arrington said in a statement on Tuesday that he wants the Illinois federal judge considering a $75 million NCAA concussion settlement, in which Arrington is a lead plaintiff, to reject it. He claims that the first time he learned about the settlement was not from his attorney, but through the media:

“I feel that I have been misinformed and the preliminary settlement doesn’t address the reasons I filed the lawsuit in the first place …

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