More Discovery Required in NHL Concussion Suit

On May 16, 2016, in the ongoing suit between retired NHL players and the league, a Minnesota Federal Judge ruled more discovery is needed to determine if the former player’s claims are preempted by an NHL Collective Bargaining Agreement and, if so, which one. In January, the NHL filed a motion to stay discovery until their motion to dismiss was ruled on, which the former players opposed. On Monday, a judge sided with the retired players in allowing discovery to continue. The six…
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Judge May Revive Wrongful Death Suit Against NHL

 In December, an Illinois judge granted summary judgment dismissing the wrongful death claim Derek Boogaard’s parents brought against the NHL. After years of fighting for their son, the judge recently indicated that two counts of their amended complaint may be sufficient for the case to proceed. Boogaard was an NHL enforcer for six years; he played for the Minnesota Wild and the New York Rangers. In 2011, Boogaard died of an overdose after years of fighting, sustaining various injuries, and becoming addicted to painkillers. After…
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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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