Category Archives: Litigation

Backcheck, Forecheck … Paycheck? WHL Players Minimum Wage Class-Action Certified

An Alberta, Canada judge has allowed for the certification of a class-action against the Western Hockey League (WHL). The five U.S.-based teams are exempt from the class action since they are outside the court’s purview. Players are suing the league for back wages, overtime, and vacation pay. This suit mirrors two others that are proceeding against the Ontario Hockey League and the Quebec Major Junior Hockey League. The players claim they are employees and should be paid at least minimum wage. Currently, the players receive…

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NHL Trying to Eject Two Retired Players from Concussion Lawsuit

The National Hockey League is urging the Minnesota federal court to act now to remove two former players from the proposed class action. The NHL wants its bid for summary judgement for claims made by Gary Leeman and Bernie Nicholls to press on. The league argues the three-year statute of limitations bars these two players’ claims, who retired in the late 1990s. Both Leeman and Nicholls serve as class representatives of their respective classes. The NHL argues the move for summary judgement is appropriate now,…

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Skechers Cites Puma Ruling in Adidas Suit

On Monday, June 5, 2017, Skechers USA Inc. cited a decision in California’s Central District that refused an injunction bid by Puma in their case Puma SE v. Forever 21 Inc., which Skechers claims to be “materially indistinguishable” to their longstanding case with Adidas. The case revolves around Skechers’ design of the “Onix” and its “near identical resemblance” to the Adidas Stan Smith. In February 2016, U.S. District Judge Marco A. Hernandez issued an injunction, ceasing all production and sales of…

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NHL Fights Boston University Over Attorney Fees

Boston University is requesting more than $119,000 in attorney’s fees accrued during its defense against the National Hockey League’s discovery request for documents and data related to research done by BU’s Chronic Traumatic Encephalopathy (CTE) Center. The NHL had requested all CTE research done by the University, but only received discovery related to six NHL players. BU claimed there is no reason the NHL would need data about other people, while the NHL argued that it needs all of the research available in order to…

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Vijay Singh Files Appeal Against PGA Tour

Vijay Singh has filed a cross-appeal against the PGA Tour in the latest chapter of litigation between the two parties that has spanned almost five years. The case, which has been ordered to trial, centers around Singh’s admitted use of deer antler spray that led to his suspension from the Tour. Singh sued the Tour in 2013, claiming the Tour unfairly suspended him for using the spray before it consulted with the World Anti-Doping Agency (WADA), who had previously ruled that that the use of…

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Wilson Hopes Class Action Suit Will be a Swing and a Miss

On Wednesday, June 7, 2017, Wilson Sporting Goods Co. asked an Illinois Federal Court to dismiss a putative class action suit involving their DeMarini youth baseball bats. The original suit was filed in April by parent Theodore Sheeley. Sheeley purchased a DeMarini youth baseball bat for his son who plays in leagues and tournaments in which all bats must follow USSSA standards. The DeMarini bat Sheeley purchased included the all-important silver sticker, which is reserved for bats that meet all USSSA regulations. Sheeley argues that…

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Deceased Linebacker’s Estate Sues NCAA

The family of former Pittsburg State (KS) linebacker Zack Langston, who committed suicide by shooting himself in the chest at the age of 26, is suing the NCAA over its handling of concussions. The family alleges that Langston suffered more than 100 concussions while playing at Pittsburg State from 2007-2010, and was either not given the appropriate medical treatment or not treated at all by team doctors. The lawsuit claims that the NCAA has known for decades that severe hits to the head can lead…

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Boogaard Wrongful Death Suit Dismissed

On Monday, June 5, 2017, an Illinois federal judge dismissed the remainder of a wrongful death lawsuit filed by the parents of former National Hockey League player Derek Boogaard, who died of an alcohol and painkiller-induced overdose on May 13, 2011. A subsequent examination of Boogaard’s brain led to the determination that he was suffering from Stage II chronic traumatic encephalopathy, or CTE., at the time of his death, which researchers attributed to “repeated blows to the head during his hockey career.” The lawsuit against…

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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…

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WADA You Mean it’s Prohibited?

In a Sports Illustrated interview, Vijay Singh admitted to using a spray that contained “2,520 mg deer antler velvet extract per bottle.” The PGA Tour Inc. suspended Singh because the Deer Antler Spray contained insulin-like growth factor 1(IGF-1), which is one of the World Anti-Doping Agency’s (WADA) banned substances. The Tour eventually dropped the suspension and investigation when they discovered that the spray is not prohibited, according to the World Anti-Doping Agency. This did not stop Singh from bringing a lawsuit against the Tour, which…

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