Category Archives: Litigation

NFL Painkiller Lawsuit Dismissed

California Federal District Court Judge William Alsup dismissed in part a class-action lawsuit filed by former NFL players who alleged teams forced players to ingest painkillers in order to keep them on the field regardless of the health risks posed and the potential long-term consequences. The complaint, filed against all 32 teams of the NFL, stated the teams’ main goal was to mask pain and conceal injuries. In July 2016, Judge Alsup refused to dismiss the lawsuit, despite the NFL’s protestations that the claims were…

Continue Reading....

NHL’s Subpoena Requests Regarding CTE: Valid Production Request or Invasion of Privacy?

Beginning in September, 2015 the National Hockey League issued subpoenas to two doctors at Boston University’s Chronic Traumatic Encephalopathy Center (Boston CTE) in order to compel production of the center’s research related to the league’s concussion litigation. In October 2017, the NHL issued another subpoena, seeking information regarding Lazarus Zeidel — who was added as a named plaintiff in the concussion lawsuit against the league after being diagnosed with CTE in a post-mortem analysis of his brain. While the league argued that the request…

Continue Reading....

Is a Football Player’s Concussion an Intentional Injury? Arena Football Says No, Moves for Dismissal of Player’s Concussion Lawsuit

Lorenzo Breland, a former player for Arena Football One LLC’s Tulsa Talons and New Orleans Voodoo, sued Arena Football for concussion-related injuries that he sustained during his time in the league. Throughout his four years playing for Arena Football, Breland suffered two alleged concussions, the first one in 2011 and the second one in 2014 — ending his career. Breland sued the league for fraud, fraudulent misrepresentation, negligence, and negligent misrepresentation. In response, Arena Football filed a motion for quick judgment, maintaining that Breland’s…

Continue Reading....

NHL Wants to Keep Wrongful Death Suit in the Federal Courts

On January 20, 2017, the NHL opposed sending the wrongful death suit of deceased hockey player Derek Boogaard back to state court. The lawsuit began in 2013, and was initially filed in Cook County, Illinois, but was removed by the NHL to the federal courts shortly after. Boogaard’s family alleges he developed a painkiller addiction and permanent brain damage from injuries sustained as an “enforcer” for the New York Rangers and Minnesota Wild. Boogaard died of a painkiller overdose in 2011, and was prescribed…

Continue Reading....

Sexual Abuse Suit Brought by 18 Athletes Names MSU and USA Gymnastics as Defendants

Eighteen women have filed suit naming Michigan State University, USA Gymnastics, and the Twistars gymnastics group as defendants with regard to the actions of Dr. Larry Nassar, an elite orthopedic doctor who allegedly sexually assaulted several women over the course of twenty years in the guise of medical treatment. Specifically, the suit alleges that by ignoring the women’s persistent claims, MSU, USA Gymnastics, and Twistars effectively perpetuated the abuse perpetrated by Nassar for two decades. Twistar’s owner, John Geddert, chose not to take action after…

Continue Reading....

Pennsylvania Appeals Court Denies NCAA’s Efforts to Appeal Negligence Finding in NCAA Death Suit

The NCAA’s efforts to appeal a Pennsylvania court’s finding that the NCAA was negligent in failing to require Division II schools screen for sickle-cell trait were denied on December 28, 2016. The case arose after Jack Hill Jr., a Slippery Rock University student, died following a high-intensity basketball practice due to sickle-cell trait complications. Jack Jr.’s parents, Jack and Cheryl Hill, filed suit against the University and the NCAA, arguing the university’s failure to administer sickle-trait testing prior to allowing them to participate in athletics…

Continue Reading....

Efforts of UPenn Athletes to Obtain Employee Status Denied Once Again

Following the dismissal of a suit brought by UPenn athletes seeking compensation as employees under the FLSA, the athletes are arguing that the Seventh Circuit’s reliance on a 1992 Seventh Circuit case, which rejected Fair Labor Standards claims brought by a prisoner, essentially placed them on similar legal footing as prison laborers. Though the athletes are aware fighting for employee status as college athletes is far-fetched based on the courts’ consistent denial of such claims, the UPenn athletes’ argument rests on the proposition that they…

Continue Reading....

NCAA Faces Another Concussion Class Action Over Breach of Protective Duty

The NCAA faces another potential class action after several former college football players filed suit in Indiana federal court attacking the organization’s concussion protocol, or lack thereof. Some might say the organization should have seen it coming in light of the modified $75 million dollar medical monitoring settlement the NCAA reached with players last May. The original settlement was modified out of concerns that the settlement would preclude players from bringing individual personal injury claims based on contract principles, and left open the possibility of…

Continue Reading....

Former NFL Player Asks Court to Send Texas Turf Injury Suit Back to State Court

Former Texas Houston linebacker Demeco Ryans has sued his former team for over $10 million in compensation for a no-contact, career-ending injury he sustained in 2014 while playing at NRG stadium. Ryans alleges the injury was a result of the field’s poor condition, and that the Houston Texans breached their duty to provide NFL players with a safe playing surface. The lawsuit also cites numerous complaints by other NFL players re the playing surface at NRG Stadium, which effectively put NRG on notice of the…

Continue Reading....

NFL Retirement Plan Asks Fourth Circuit to Deny Benefits to Player Disabled by Symptoms of CTE

Issues from Chronic Traumatic Encephalopathy (CTE) have started to seep into other parts of retired NFL players’ lives. Attorneys for the Bert Bell/Pete Rozelle NFL Player Retirement Plan recently asked the Fourth Circuit Court of Appeals to reverse a Maryland District Court’s order granting retired NFL linebacker Jesse Solomon disability benefits. The District Court ruled in favor for Solomon after finding that the Social Security Administration determined that Solomon had been disabled within a fifteen year window. In order to receive disability coverage, a player…

Continue Reading....