Category Archives: Concussions

Class-Action Suit Against Riddell Dropped

A class-action lawsuit brought against Riddell by former high school and college football players has been dropped. The former players had alleged that Riddell, the NFL’s official helmet maker from 1989 to 2014, misrepresented the degree of safety provided by helmets manufactured by the company. Specifically, the plaintiffs alleged that Riddell falsely claimed in advertising and marketing materials that its Revolution helmets would reduce concussions by 31 percent compared to other helmets on the market, without ever testing them for the type of hits…

Continue Reading....

Forward Progress: Personal Injury Suits against Helmet Maker Moving Forward

After a delay and the conclusion of the NFL concussion litigation, the 95 personal injury suits against Riddell, the former official helmet supplier for the NFL, are moving forward. On May 18, 2017, U.S. District Judge Anita Brody, a Pennsylvania federal court judge, issued a scheduling order for the claims against Riddell. Some of these suits were initially brought in 2012 and were later separated from the multidistrict concussion suit filed by ex-NFL players or their families. A suit against Riddell by NCAA football players…

Continue Reading....

The Not-So Big Easy: Louisiana District Judge Limits AFL Player to Workers’ Compensation for Concussion Injuries

On May 10, 2017, Judge Fallon of the Eastern District of Louisiana held that Lorenzo Breland, a professional arena football player suffering from alleged concussions, was limited to pursing relief through a workers’ compensation claim. As such, the player was barred from pursuing his intentional tort claims against Arena Football One, LLC (the AFO), which owns both the Arena Football League One, LLC and Louisiana Arena Football, LLC. In originating this lawsuit, Breland asserted that he suffered multiple concussions while playing for the New Orleans…

Continue Reading....

Boston University Calls NHL’s Subpoena Unjustified; Seeks Reimbursement of Legal Fees

Boston University has filed a motion in Minnesota federal court asking the court to order the National Hockey League to reimburse the university for $119,704 in attorneys’ fees and costs. The NHL is currently embroiled in a proposed class action suit involving the claims of former players that the NHL failed to warn the players about the risks of head injuries and concussions. One of the potential groups of members includes players diagnosed with chronic traumatic encephalopathy (CTE). Boston University is not a party to…

Continue Reading....

Power Play: Former NHL Players Shoot for Stay of Deadlines and Bellwethers in NHL Concussion Lawsuit

On May 5, 2017, former National Hockey League players currently engaged in the concussion lawsuit submitted a letter requesting a stay of all deadlines surrounding their bid for class certification. This letter was drafted per an instruction from U.S. District Judge Susan Richard Nelson, who ordered both parties to confer and simultaneously send letters outlining their positions. In the letter, the players indicate it would be impracticable to be expected to depose the NHL’s 19 experts, oppose five expert motions in limine, obtain rebuttal…

Continue Reading....

There’s a Doctor in the House: Two Groups of Medical Experts Approved by District Judge in NFL Concussion Settlement

On May 4, 2017, U.S. District Judge Anita Brody approved two groups of medical experts in the NFL concussion settlement. These experts will lead the testing and diagnosing of players in the class to determine whether each member has a neurological condition which will qualify them for recovery under the terms of the settlement. A list comprised of these experts was submitted last month. Per the Approval signed by Judge Brody, the two panels of experts for this Settlement Program are the Appeals Advisory Panel…

Continue Reading....

Another Sports Concussion Suit: NHL Enforcer Sues Various NHL Teams and Insurer

Mike Peluso, a former NHL enforcer, slapped the New Jersey Devils, St. Louis Blues, and an insurer with a lawsuit, is maintaining that a “newly discovered” medical report proves the teams were aware of the risks associated with head injuries, and nevertheless, continued to encourage him to play and fight. According to Peluso, he has played in over 450 games as an enforcer — a position with the primary purpose of agitating opponents and getting into fights in order to shield the skilled players…

Continue Reading....

NHL Concussion Litigation Documents Ordered to be Made Public: Judge Unseals 28 Documents

A U.S. Federal Judge has unsealed certain documents in the long-running lawsuit over the National-Hockey League’s handling of concussions sustained by players, as the public benefit and need for the information outweighs any of the NHL’s interests in keeping the documents confidential. The judge’s order required that one of the documents, an internal email regarding fighting and rules, to be kept confidential, because the league’s privacy interest in the notes and the prejudice that it would face if the notes were released outweighed the…

Continue Reading....

Former NFL Players Object to Class Attorneys’ Fees from the Concussion Settlement Fund

The former NFL players and their families seeking to recover from an uncapped NFL concussion litigation have objected to an additional five percent set-aside sought by the class attorneys on the case. As previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players, which established a 65-year span to compensate the class members. The deal offers payments ranging from $1.5 million to $5 million for each player, or the player’s estate, who suffered from a serious…

Continue Reading....

Connecticut Federal Court Denies WWE’s Motion for Summary Judgement Over Lengthy Briefs

A Connecticut Federal Judge has denied World Wresting Entertainment, Inc.’s motion for summary judgment regarding two former wrestlers’ claims that the long-term injuries associated with repeated head traumas were hidden from them, as both sides submitted briefs that were too long. As background, former WWE wrestlers, Evan Singleton and Vito LoGrasso sued the WWE in January 2015 for the WWE’s alleged concealment of the long-term health risks associated with repeated head injuries, and further, mislead wrestlers into performing while injured — worsening their injuries.…

Continue Reading....