February 24, 2020 Advertising / Concussions / Fraud / Litigation

False or Frivolous? The Court Will Decide Whether Concussion Testing Company’s Claims are Valid

ImPACT Applications, Inc. filed suit on October 29, 2019 against its competitor, Concussion Management, LLC f/k/a XLNTbrain, LLC in the U.S. District Court for the District of Maryland. In its complaint, ImPACT alleges that XLNTbrain falsely advertised its products and services in violation of the Lanham Act. In addition, ImPACT alleges that XLNTbrain engaged in unfair competition practices.

Both companies market concussion assessment and management testing products with companion software. While both companies sell similar products, there are some notable differences. For one, ImPACT is …

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, …

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 …

February 6, 2019 Concussions / Litigation / NCAA

Tidal Wave of Former College Football Players Plan to File Lawsuits Against NCAA

Reportedly, over 200 former NCAA college football players are planning to sue the NCAA. The lawsuits allege that the NCAA was negligent in failing to protect the former players from long-term brain damage, even though the NCAA knew about the dangers. The tip of the iceberg were several lawsuits filed on January 25, 2019. In one lawsuit, former Cameron University football player, Abe Mack IV, sued the NCAA for injuries sustained a result of NCAA’s “reckless disregard for [his and others similarly situated] health …

November 6, 2018 Concussions / Fraud / NCAA

Notre Dame Football Player to Proceed with CTE Suit

The Supreme Court of Ohio has ruled that the estate of a former Notre Dame football player may proceed with their fraud and negligence claims, which allege that CTE is a “latent” disease and thus exempt from the typical statute of limitations.

The decision is noteworthy because, while negligence claims must usually be filed two years from the injury, “latent” diseases have a modified timeline: the two year time bar begins at the time an individual learned of the injury, not when the injury …

October 17, 2018 Class Actions / Concussions / Litigation / NFL

Junior Seau’s Family and the NFL Settle Wrongful Death Suit

On October 5, 2018, Junior Seau’s family settled their lawsuit with the NFL; however, the particulars of the settlement are confidential. As we have previously reported, Seau, who played for the San Diego Chargers, Miami Dolphins, and New England Patriots, took his one life, at the age of 43, in 2012. An autopsy report showed that Seau suffered from chronic traumatic encephalopathy, or CTE, a condition caused by repeated brain trauma. In 2013, Seau’s family filed a wrongful death and joined a class of …

October 5, 2018 Class Actions / Concussions / Litigation / NCAA

NCAA Likely to Face Another Round of Concussion Claims

On September 28, 2018, U.S. District Court Judge John Lee allowed two former Purdue University football players to proceed with most of their putative claims that the NCAA and the Big Ten Conference hid risks of repetitive brain trauma. The former football players, Michael Rose and Timothy Statton, are hoping to lead a class of former student-athletes who sustained head trauma while playing football for Purdue from 1952 to 2010.

Their case stems from the “NCAA $75 Million Settlement.” As we have previously reported, …