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, …

December 10, 2019 Concussions / Litigation

Parents Respond to Pop Warner’s Attempt to Exit CTE Suit

On December 2, 2019, Kimberly Archie and Jo Cornell (plaintiffs) filed their response in opposition to Pop Warner’s motion for summary judgment. Archie’s son, Paul, and Cornell’s son, Tyler, participated in Pop Warner Youth Football between the late 1990s and early 2000s. Both young men passed away in 2014.

In an evaluation from Boston University, it was revealed that the young men suffered from Chronic Traumatic Encephalopathy (CTE). In 2016, the plaintiffs filed suit in the U.S. District Court for the Central District of California, …

November 11, 2019 Concussions / Litigation

Youth Football Concussion Suit, Pop Warner Seeks to Exit

Pop Warner Little Scholars, Inc. submitted a motion for summary judgment to U.S. District Court Judge Phillip S. Gutierrez for the Central District of California on October 25, 2019. Pop Warner is a named defendant in a lawsuit alleging the organization knew of, and hid, the safety risks associated with youth football. The youth football organization is asserting the plaintiffs’ lack of evidence to show it was aware of the alleged health risks until years later.

According to the complaint filed September 1, 2016, Paul …

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, …

December 6, 2018 Concussions / Litigation / NHL

U.S. Supreme Court Denies Review of Boogaard Opioid Death Lawsuit

On December 3, 2018, the United States Supreme Court refused review of the wrongful death lawsuit brought by the parents of ex-NHL player Derek Boogaard. The lawsuit, had alleged Boogaard suffered a fatal overdose as a direct result of the NHL encouraging violence and concealing information regarding the dangers of head trauma.

By way of refresher, Derek Boogaard was known as an “enforcer” on the ice over his six years in the league, fighting 66 times over his 277 regular season career. After passing as …

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 …

July 30, 2018 Class Actions / Concussions / Litigation / NHL

Former NHL Players Will Not Appeal

Michael Cashman, a Minnesota lawyer representing former NHL players who filed lawsuits against the NHL, said that the former NHL players would not appeal United States District Judge Susan Richard Nelson’s decision. As we have recently covered, Judge Nelson declined to certify a class of thousands of former NHL players who sued the NHL. The player claimed that the league failed to inform them of the health risks caused by concussions and head-related trauma, even though the league had knowledge of such information. Judge …

July 28, 2018 Concussions / Litigation / WWE

Attorney Sanctioned in WWE Concussion Suit

On July 22, 2018, U.S. District Judge Vanessa L. Bryant upheld sanctions against attorney Konstantine Kyros. As we have previously covered, Kyros represented former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE. The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. Despite being given more than one opportunity to amend his deficient responses; however, he did not.

According to the decision, on January 27, 2016, WWE served Singleton and LoGrasso with interrogatories. On …