Concussion Controversy: Is the NHL Next?

As previously reported by the Sports and Entertainment Law Insider, the NFL’s recent settlement of the concussion class action brought by former pro players, the pending suits by former college football players against the NCAA and helmet manufacturer Riddell, and the wrongful death action by the parents of a Frostburg State University football player who died after repeated head injuries suffered on the field, among others, all beg the question: When — not if — will hockey see a rash of concussion-related litigation?

Both the …

October 5, 2013 Concussions / NCAA

NCAA and Riddell Hit Head On With Concussion Case

Two former college football players “hit” the NCAA with another concussion case. This comes just one week after it agreed to mediate concussion claims in another pending case. All told, the NCAA now has three potential class action suits pending against it regarding concussion claims.

Former Washington and Oregon quarterback, John DuRocher, and former Washington safety, Darin Harris, filed the suit in an Indiana federal court. They are seeking over $5 million in damages for the repeated head injuries they sustained while playing. According to …

September 29, 2013 Concussions / NCAA

NCAA Agrees to Mediate Concussion Claims

Former federal judge Layn Phillips is heading back to mediation with parties over concussion claims. This time he will preside over claims by former college football players against the NCAA.

The suit was filed two years ago by former Eastern Illinois player Adrian Arrington and three others. Arrington, now 27, suffers from seizures that he alleges are a product of repeated head trauma suffered while playing as a defensive back. The players, who are seeking class action status, are asking for unspecified money damages, long …

July 26, 2013 Concussions / NFL

Judge Orders NFL and Former Players to Mediate Concussion Claims

On Monday, July, 8 2013 a Pennsylvania federal judge ordered a mass of National Football League (NFL) concussion cases to mediation. The cases were brought by more than 4,000 former National Football League players accusing the league of negligence and concealing the dangers of concussions. The players say the league has known for years, or even decades about the long-term dangers of concussions. The league responded that it released warnings based on the medical research available at the time.

The NFL filed motions to …

July 4, 2013 Concussions

Michigan Follows National Trend, Passes New Sports Concussion Law

Michigan has become the 39th state to pass a sports concussion law which went into effect on June 30, 2013. The new Michigan law applies to school athletic committees, which include organized practices or competitions and also physical education classes that are part of any academic curriculum.

Pursuant to the new law, before a student athlete may participate in athletic activities sponsored or operated by the school, the school must first insure that coaches, employees and volunteers and other adults who are involved in the …

June 3, 2013 Concussions

For The Third Time, California Courts Rule that the NFL Remains the Away Team

The National Football League (NFL) suffered its third blow from a California appeals court on Tuesday, May 28, 2013. First, the NFL-favored venue of California for the concussion related suits was denied; second, the NFL’s least preferable venue of New York was allowed; and now, California says the NFL will be the visiting team in New York court against 32 insurance companies.

The NFL is looking to pass the bill to insurers for its concussion related lawsuits. The League argued for California jurisdiction …

April 16, 2013 Concussions

Riddell Takes Huge Hit with Multi-Million Dollar Verdict in Colorado Concussion Lawsuit

A jury in Las Animas County, Colorado, returned an $11.5 million verdict against helmet manufacturer Riddell and several school officials in a case involving a teen football player who was injured in 2008. The Ridolfi family filed a lawsuit after their son Brett suffered a concussion during high school football practice. Brett wasn’t immediately taken to the hospital, and later suffered permanent brain damage and paralysis on his left side. The family brought suit against Riddell and others to recover for Brett’s injuries.

The jury …

March 19, 2013 Concussions

Were the NFL & Riddell Out of Bounds for Rejecting Competitor’s Potentially Concussion Reducing Helmet?

Industrial designer Phil Straus began thinking of ways to lessen the impact of football head injuries and concussions in the late 1980s. After several years of work Straus developed a prototype of the “ProCap” in 1989 by attaching a half-inch-thick urethane mold on top of traditional football helmets. His work showed signs of promise in lab tests, and later gained acceptance by a number of NFL players who swore that the invention functioned as advertised. Mark Kelso, former Buffalo Bills free safety, swore by the …

March 18, 2013 Concussions

NFL Goes 0 for 2 Against Insurance Companies in Court

The National Football League is now 0-2. It lost yet another round on the legal gridiron last week when New York State Supreme Court Judge, Jeffrey K. Oing, ruled that the lawsuit between the NFL and its insurance companies could proceed in NY. This is despite the fact that the NFL filed a similar lawsuit in California first. This echoes a previous ruling by Los Angeles Superior Court Judge John Shepard Wiley Jr. who held last fall that California was the wrong venue to deal …

March 13, 2013 Concussions

NFL Teams Up with GE to Fund New Concussion Research

On March 11, 2013, the National Football League and the General Electric Co. announced that they are teaming up to create a Head Health Initiative that will provide $60 million dollars to assist leading neurologists in researching traumatic brain injuries and developing technology able to monitor these ailments. $40 million will go towards developing imaging technologies, and the remaining $20 million will be available to others who seek to prevent, identify, and develop treatments for brain injuries. Athletic apparel company Under Armour will also be …