Former Chicago Bear Sues NFL for Damages from Concussions

On March 27, 2018, former Chicago Bear Craig Steltz filed a lawsuit against the NFL in Louisiana federal court. In the lawsuit, Steltz requested financial compensation for the chronic injuries, expenses, and intangible losses suffered as a result of the NFL’s “intentional tortious misconduct, including fraud, intentional misrepresentation, and negligence.” Steltz claimed that he suffers from the pathological and debilitating effects of mild traumatic brain injuries (MTBI) caused by the repeated concussive and sub-concussive impacts that he experienced while playing in the NFL. Steltz, a…
Continue reading...

New England Patriots Defensive End Sues Over NCAA Injury Insurance Policy

On March 9, 2018, Deatrich Wise Jr., a defensive end for the New England Patriots, filed a lawsuit against The Professional Athlete’s Insurance Group, PLLC (PAIG), agent Matthew Allen, Certain Underwriters at Lloyd’s, London, and International Specialty Insurance, Inc. (ISI). In the lawsuit, Wise alleged that the defendants misrepresented and failed to tender insurance benefits to Wise under the NCAA “loss of value” insurance policy. Wise is a former NCAA football player. He was designated as an “exceptional student-athlete” prior to the start…
Continue reading...

Reebok-CCM Settles Royalties Lawsuit

On March 2, 2018, the lawsuit between Reebok-CCM Hockey (CCM) and Hefter Impact Technologies, LLC was dismissed after the two parties reached a confidential settlement. Back in September 2015, Hefter sued CCM alleging that CCM contractually owed royalties on hockey helmets that were derivative of a Hefter design. The recent settlement came before the scheduled April 17, 2018 trial. Although the case never made it to trail, it did not gone without its fair share of litigation. For example, as we previously covered back in…
Continue reading...

Federal Judges Turn to Indiana State Court in DraftKings and FanDuel Lawsuit

On March 7, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, certified the following question to the Supreme Court of Indiana, “Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.” As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and…
Continue reading...

Cubs Dropped From Foul Ball Suit, If Only Temporarily

As we previously reported, a Cubs fan was struck in the face by a foul ball during an August 2017 game at Wrigley Field, where he brought his children to watch from the first base line. The injury left John “Jay” Loos blind in one eye and his other eye vulnerable to the same. He filed suit against both the MLB and the Cubs in October, alleging negligence by both parties, specifically, for failing to install a net which would have otherwise shielded him…
Continue reading...

Colombia Law School Holds Conference on NFL Concussion Lawsuit’s Uncapped Settlement Fund

On March 2, 2018, at a conference on class action jurisprudence held at Columbia Law School, advocates and opponents discussed U.S. District Judge Anita Brody’s decision to move the NFL concussion class-action litigation toward an uncapped settlement. Judge Brody, a Columbia Law graduate, attended the conference. As previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a…
Continue reading...

Sanctions and Legal Fees Recommended for Plaintiffs’ Attorney in WWE Suit

On February 22, 2018, a federal judge ruled on a motion for sanctions filed by defendant World Wrestling Entertainment Inc. (WWE), against Konstantine Kyros, the attorney representing former WWE wrestlers, plaintiffs Evan Singleton and Vito LoGrasso, in their concussion suit. WWE’s motion sought sanctions against Kyros for failing to sufficiently respond to WWE’s interrogatories. The recommended ruling stated that plaintiffs’ counsel was served with interrogatories on January 27, 2016, and that when the parties met on March 7, 2016, the responses were still found to…
Continue reading...

NFL Painkiller Lawsuit Appealed to Ninth Circuit

On February 23, 2018, former NFL players filed an appellate brief with the U.S. Ninth Circuit Court of Appeals, in which the players argued that their suit against all 32 NFL teams should not have been dismissed on the grounds that it was time-barred. According to the players, they became aware in early 2014 that NFL teams recklessly administered painkillers, which prematurely ended their professional playing careers and contributed to their diminished post-career prospects. According to their brief, the district court’s decision should be vacated…
Continue reading...

Foul Ball Leads to Lawsuit Against College and NCAA

On February 14, 2018, former Division II college baseball player Joseph Gutowski filed suit against West Chester University of Pennsylvania and the NCAA after injuries he sustained during a game in 2016. In his complaint, Gutowski alleges that a foul ball hit him directly in the head during a home game in April 2016, while he was seated on the players’ bench in the dugout. Claiming permanent injuries, he is now seeking damages for breach of contract, negligence, unjust enrichment, and negligent infliction of…
Continue reading...

John Cena Battles Ford Over Flipped GT

On February 13, 2018, wrestler and actor John Cena filed a motion to dismiss Ford Motor Co.’s recent complaint against him for reselling a custom 2017 GT sports car, and in doing so, allegedly breaching a contract that the parties had made. In addition to damages for breach of contract, Ford also seeks relief for fraudulent misrepresentation and unjust enrichment. Ford claims that in 2017 it entered into an agreement with Cena for him to purchase the one-of-a-kind vehicle, and that part of that agreement…
Continue reading...