NHL Concussion Litigation: 3 Plaintiffs Voluntarily Dismiss Claims

By Monday September 28, 2015, a total of 3 plaintiffs voluntarily dismissed themselves from the NHL concussion multi-district litigation, which commenced in 2013. These plaintiffs, all former NHL hockey players, were part of the lawsuit claiming that the league failed to protect its players from brain injury. Of late, the number of plaintiffs added to the original 10 plaintiffs grew by 29 former players in February 2015.

The 3 players who withdrew—Dan Fritsche, German Titov, and Bob Bourne—were targets in the NHL’s recent motion to …

September 17, 2015 Concussions / NHL

Judge To Move Forward With Decision In Boogaard Wrongful Death Suit v. NHL

In 2013, the late NHL player Derek Boogaard’s parents filed a wrongful death suit in Illinois against the NHL. The plaintiffs allege that Boogaard’s death was a result of the NHL’s post-concussion drug treatment program, as Boogaard died in May of 2011 at the age of 28 after a prescription drug overdose. It was Boogaard’s team doctors that introduced him to the pain medication.

In recent weeks, a fight ensued over documents in a separate but seemingly related case. A federal judge in the …

September 17, 2015 NHL

NHL and Adidas Ink Deal for Uniforms and Merchandise

On Tuesday September 15, 2015, the National Hockey League announced that it inked a 7-year partnership with Adidas AG. Adidas will become the official supplier of on-ice uniforms, as well as the official outfitter for licensed apparel—both clothing and headwear.

The announcement came following several months of speculation. In the hockey world, jerseys (or, “sweaters,” as they’re often referred to) are a big deal. You can’t deny it—hockey uniforms are more iconic and elaborate than in any other sport. This is mostly because hockey …

September 4, 2015 Antitrust / NHL

The NHL Broadcasting Antitrust Case: The Effect of the Settlement Agreement on Viewer Options

On Tuesday September 1, 2015 the NHL’s settlement agreement with the plaintiffs in the broadcast antitrust lawsuit was approved by the federal judge. The action was initially filed in 2012, and the settlement was presented to the judge for approval this past June.

NHL games are broadcast both on television and over internet streaming. In recent years, fans choosing to watch games over television broadcasting have had two viewing options. Through the first option, viewers could watch their local market’s team through the local …

September 1, 2015 Concussions / Litigation / NHL

To Preempt or Not to Preempt: The Boogaard Wrongful Death Action v. the NHL

In recent weeks, the NHL has busily defended two cases involving the league’s alleged liability for player safety issues. Although the plaintiffs in each individual case have filed distinguishable allegations against the league, discovery in the two suits may become intertwined.

The first case is a multidistrict litigation (MDL) in which the plaintiffs — former NHL players — have claimed that the league is liable for their concussion-related medical problems. In the second case, the plaintiffs, parents of the late Derek Boogaard, alleged that the …

August 3, 2015 Concussions / NHL

Pulling Back the Curtain: Judge Orders NHL to Produce Medical Records in Concussion Suit

On Friday, a federal judge from Minnesota granted a motion to compel the National Hockey League to produce medical records in a multidistrict concussion lawsuit filed by former NHL players.

The NHL had previously refused to produce such documents unless specific players gave their consent, claiming the information was protected by the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, physician-patient privilege, and the NHL collective bargaining agreement.

The judge opined that the disclosure of such information was permissible as long as …

June 29, 2015 NHL

Let the Games Begin: NHL Opens Bidding for Expansion Teams

The NHL announced on Wednesday that starting on July 6^th, it will begin accepting applications for expansion NHL teams. The bidding window will be open until August 10^th. If the NHL ultimately chooses to expand, it will be the first time that a team has been added to the league in about a decade and a half.

Many speculate that Las Vegas will be the home for the next team. AEG – NHL partner and owner of the Los Angeles …

June 6, 2015 NHL

Home Ice Advantage: Blackhawks Apparel Prohibited in Parts of Amalie Stadium

Rules directed towards away-team supporters in Tampa Bay Lightning’s Amalie Stadium have sparked controversy and raised First Amendment concerns for some. Fans in Amalie Stadium are prohibited from wearing away-team apparel in exclusive club seating areas. Those areas account for approximately 1,400 seats out of the arena’s 20,500 total. Also, in order to purchase tickets, fans must use a credit card associated with a Florida zip code.

Bill Wicket, executive vice president of communication for the Tampa Bay Lightning, commented on the restrictions: “[d]uring …

June 5, 2015 Concussions / NHL

Concussion Litigation Onslaught: NHL Faces Another Lawsuit From A Former Athlete

On Monday, June 1, former Chicago Blackhawks center and Tampa Bay Lighting coach Steve Ludzik initiated a lawsuit in Federal Court, alleging that the NHL had failed to warn players such as himself of the risk of long-term neurological damage associated with repeated head injury.

Ludzik is represented by Chicago law firm Corboy & Demetrio; the same law firm representing the estates of former NHL player Steve Montador and former NFL player Dave Duerson. He suffers from Parkinson’s disease, which he alleges is a result …

May 22, 2015 Litigation / MLB / NHL

Fans Granted Class Certification in NHL and MLB Blackout Litigation

On Thursday, May 14, Judge Scheindlin of the U.S. District Court for the Southern District of New York, granted class certification to the consumers suing the MLB, NHL, and broadcasters over blackout dates and high prices for sports packages.

The fans brought their lawsuit back in 2012 against both leagues, individual clubs, Comcast, and DirecTV, claiming that broadcast restrictions violated antitrust law. Those restrictions specifically include territorial blackouts for consumers who purchase large sports packages claiming to carry all games as well as many providers’ …