February 12, 2020 Class Actions / Concussions / High School / Litigation / NFL

Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules

A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.

DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …

October 31, 2019 Class Actions / Concussions / Litigation / WWE

Ex-Wrestlers Argue WWE Hid Risks of Head Injuries in Concussion Lawsuit

In a Second Circuit lawsuit, a group of former professional wrestlers argued that the statute of limitations did not lapse in their lawsuit against World Wrestling Entertainment (WWE), as they knew about and hid the risks of head injuries.

As we reported earlier, 67 retired wrestlers sued WWE and its CEO, Vince McMahon, arguing that WWE failed to protect the health of its wrestlers. As a result, these retired wrestlers suffered concussions, CTE, and other brain injuries. The lawsuit was dismissed in September …

October 21, 2019 Class Actions / Concussions / Hockey / Litigation / NHL

Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.

U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.

As we previously reported, Judge Nelson oversaw a …

October 17, 2019 Class Actions / Concussions / Litigation / WWE

WWE Counters Wrestlers’ Appeal in Concussion Lawsuit

World Wrestling Entertainment (WWE) and its CEO, Vince McMahon, have fought back against 67 retired wrestlers who appealed the dismissal of their concussion lawsuit.

Beginning in 2014, these former wrestlers filed lawsuits against WWE, arguing that the organization failed to protect their health, which resulted in concussions, CTE, and other brain injuries. In September 2018, the Connecticut District Court dismissed the lawsuit as many of the plaintiffs stopped wrestling before WWE was aware of the risks of head trauma. The attorney for the plaintiffs, …

September 10, 2019 Concussions / NFL

Former NFL Player Moves to Stay Third Circuit Appeal

On August 2, 2019, Amon Gordon, a 37-year-old former NFL defensive end, asked the U.S. District Court for the Eastern District of Pennsylvania to stay his appeal to the Third Circuit in order to give himself a chance to file a Rule 60 Motion against Judge Anita B. Brody’s August 2019 ruling.

As we have previously reported, Gordon moved to appeal to the Third Circuit in his legal battle against the NFL for not alerting its players of the long-term medical impact of concussions. …

August 14, 2019 Concussions / NFL

Former NFL Defensive End Appeals to Third Circuit in Concussion Lawsuit

Amon Gordon, a 37-year-old former NFL defensive end, appealed to the Third Circuit in his legal battle against the NFL for not alerting its players of the long-term medical impact of concussions. Specifically, Gordon played eight seasons in the NFL and is fighting for his entitlement to a 2015 uncapped settlement of roughly 20,000 players to awards of up to $5 million, depending on the age and severity of their football-related injuries, according to Law360.

There is a belief among the legal community that …

July 16, 2018 Class Actions / Concussions / Litigation

Parents Try To Quash Pop Warner Subpoena

The Sports Law Insider has previously reported on the class-action suit started by parents whose sons played Pop Warner football as children and subsequently were found to suffer from chronic traumatic encephalopathy (CTE) after their deaths. The original complaint accused Pop Warner of failing to monitor games, practices, rules, equipment, and medical care to minimize long-term risks associated with brain injuries, failing to accurately diagnose brain injuries, and failing to approve the best equipment available. The complaint also accused USA Football of promoting safety programs …

July 16, 2018 Concussions / Litigation / NCAA

Update: NCAA $75 Million Settlement Delayed Again

On July 2, 2018, in a joint motion, both parties in the NCAA $75 million concussion settlement asked the court to, once again, push back a final hearing in the $75 million settlement. The parties asked the court to push back the hearing for the same reasons that settlement has been delayed over the past several months, not all of the possible class members have been provided proper notice regarding the settlement. If the judge grants the motion, it will be the sixth time …

June 5, 2018 Concussions / NFL

Update: Arguments Heard on Special Investigator in NFL Concussion Settlement

As we have previously reported, the NFL continues to sort through the claimants involved in its billion dollar concussion settlement. The claimants are former NFL players and families of deceased players seeking to recover against the NFL for concussive injuries resulting from their time spent playing for the league.

On May 30, 2018, counsel for the NFL, Richard Tarlowe, asked a Pennsylvania federal judge during arguments to bolster the investigation of legitimate claims by supplementing the process with an additional investigator. Recent audits completed …

June 7, 2017 Concussions / Litigation / NHL

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 …