Category Archives: NHL

Can a Doctor Diagnose CTE in Living NHL Players?

On April 12, 2016, the National Hockey League requested that a Minnesota federal judge require a doctor to disclose his examination process, as it would be the first time a doctor would diagnose chronic traumatic encephalopathy (CTE) in a living patient. This argument stems from debate over class certification in the former NHL player’s class action lawsuit against the NHL. The former players of the NHL took a leaf out of the National Football League’s playbook and filed independent lawsuits against the NHL for failing…

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NHL Wants Independent Medical Examination of Former Players

In a Minnesota federal court on Monday, February 29, 2016, the National Hockey League filed a motion to compel the medical examinations of some of the former players in the concussion MDL suit currently sitting against the league. The NHL argues that in cases of this nature, i.e., those where a plaintiff makes a claim about his current and future mental and physical health, it is routine procedure for said plaintiff to undergo an independent examination. The league’s memo in support argues there exists good…

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NHL Again Seeks Dismissal of Former Players’ Spouses’ Claims

Last week, the NHL filed a new memorandum in support of its motion to dismiss the wrongful death and loss of consortium claims brought by the spouses of ex-players in December 2015. These claims were tacked on to the players’ master amended complaint at the end of last year, which was filed in the MDL case in Minnesota, to deal with issues of concussions and other head-related injuries, as well as the long-term effects players’ suffered over their careers. The NHL had supplemented its pending…

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An Insight into Understanding CTE and its Role in NFL Concussion Litigation

As another NFL season wrapped up over the weekend with the Denver Broncos defeating the Carolina Panthers in Super Bowl 50, fans might be wondering just how they are going to fill their football-less void for the next six months. Well, the NFL might actually be in the news more heavily this offseason compared to years past — although not necessarily for a good reason. Concussions, head trauma, CTE — these are words being tossed around on almost a daily basis from every news outlet…

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Retired Players Urge Court to Continue Discovery in NHL Concussion Suit

On Tuesday, February 2, 2016, former hockey players in the multidistrict litigation concussion suit filed a memorandum in opposition to the NHL’s motion to stay discovery. The league’s motion was filed in January, seeking a stay until its 2014 motion to dismiss is ruled on, arguing it has complied with all discovery requests and spent millions of dollars in what may potentially end up being extraneous spending if the suit is tossed. Players are arguing that the NHL’s sudden attempt at halting discovery is…

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NHL Reiterates Federal Labor Law Preemption, Argues to Toss Latest Claims of Victims’ Families

On Friday, January 22, 2016, the National Hockey League filed a brief in Minnesota federal court in an attempt to weaken the multidistrict litigation concussion lawsuit against it. In particular, the NHL is seeking the removal of claims filed on behalf of the spouses and families of injured players, arguing federal labor law preempts their loss of consortium and wrongful death actions. In filing the brief, the NHL hopes to dismiss the concussion suit altogether by continuing to reiterate their argument that the suit does…

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Sports Litigation and Cases to Keep an Eye on in the New Year (Part II)

Part one of our look ahead at some of hottest sports litigation topics focused on the Deflategate appeal and the battle in New Jersey over the legalization of sports betting. Today, we’ll look at the latest surrounding the NCAA anitrust litigation, concussion litigation in the NHL, and the FIFA corruption scandal. NCAA Antitrust Litigation The Ninth Circuit’s recent decision in O’Bannon v. NCAA cleared the way for collegiate schools to offer student athletes the full cost of attending college, but also prevents schools from…

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Sports Litigation and Cases to Keep an Eye on in the New Year (Part I)

2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016. “Deflategate” Appeal Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular…

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MLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters

On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings. League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be…

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After Finding of CTE, Father of Deceased Hockey Player Sues NHL

After threatening to sue the NHL for months, the father of deceased ex-NHL player Steve Montador finally filed suit in a federal court on December 8, 2015. Montador, who suffered a career-ending concussion in 2012, was found dead in February 2015 at the age of 35. In May 2015, after studying Montador’s brain, doctors released their finding that the player had chronic traumatic encephalopathy (CTE) — a brain degenerative disease believed to be caused by multiple concussions sustained over the course of time. That same…

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