Update: Judge Denies Special Investigator in NFL Concussion Settlement

Recently, a judge denied the NFL’s Request to hire a special investigator in the billion-dollar concussion settlement case. According to Judge Anita B. Brody, “[t]he NFL Parties have provided sufficient evidence of possible fraud to warrant serious concern … however, the Claims Administrator and Special Masters have demonstrated that they are capable of ferreting out any claims involving misrepresentations, omissions, or concealment of material fact, and ensuring that those claims are not paid.”

As we have previously reported, counsel representing the NFL asked Judge …

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 3, 2018 Concussions / NHL

UPDATE: 7th Circuit Declines to Revisit its Decision in Late NHL Player’s Wrongful Death Suit

On June 25, 2018, a panel of three 7th Circuit judges voted to deny a rehearing in the wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. As we have continued to cover since 2013, the case was originally dismissed largely due to procedural and technical defects, rather than the merits and alleged facts of the case.

Boogaard died in 2011 following an accidental overdose of pain medication and alcohol. He was 28 years old. A posthumous diagnosis revealed that Boogaard …

June 27, 2018 Concussions / NHL

Former Players Sue the NHL

On June 21, 2018, former NHL players Dan Carcillo and Nick Boynton filed a lawsuit against the National Hockey League. Carcillo played 429 games in the NHL for the Phoenix Coyotes, Philadelphia Flyers, Los Angeles Kings, New York Rangers, and the Chicago Blackhawks. During those games he was involved in 149 fights and numerous on-ice scuffles. Boynton played 605 games in the NHL for the Boston Bruins, Phoenix Coyotes, Florida Panthers, Anaheim Ducks, Chicago Blackhawks, and the Philadelphia Flyers. During those games he was involved …

April 17, 2018 Concussions / Litigation / NCAA

Widow of Notre Dame Football Player Hopeful for CTE Suit to Stand

As we have previously covered, the wife of former Notre Dame football player, Steven Schmitz, filed a lawsuit targeting Notre Dame and the NCAA in 2014 on behalf of her late husband. She is seeking to recover for the college and organization’s alleged “reckless disregard” for the safety of college football players, specifically during the time period that Schmitz spent playing for the team in the 1970s, which led to his diagnosis of chronic traumatic encephalopathy (CTE) in 2012, and his ultimate passing in …

March 16, 2018 Concussions / NCAA

Judge Scales Back Discovery in NCAA Wrongful Death Suit

On March 1, 2018, a Texas court of appeals filed a writ of mandamus, partially granting and partially denying the NCAA’s appeal of a prior discovery order. The suit was initiated by Debra Ploetz, wife of former University of Texas football player, Greg Ploetz, who played for the team from 1968 to 1972 and who died in 2015 from Chronic Traumatic Encephalopathy (CTE).

The wrongful death suit alleges the late athlete’s CTE condition and subsequent death resulted directly from his years spent playing for …

March 8, 2018 Concussions / Litigation / NFL

Colombia Law School Holds Conference on NFL Concussion Lawsuit’s Uncapped Settlement Fund

On March 2, 2018, at a conference on class action jurisprudence held at Columbia Law School, advocates and opponents discussed U.S. District Judge Anita Brody’s decision to move the NFL concussion class-action litigation toward an uncapped settlement. Judge Brody, a Columbia Law graduate, attended the conference.

As previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a …

December 22, 2017 Concussions / Litigation / NFL

NFL Continues to Argue Hernandez Suit is a Matter of Federal Labor Law

On December 18, 2017, the National Football League responded in opposition to Avielle Hernandez’s motion to remand her lawsuit against the NFL back to state court. Also named in the suit are helmet maker Riddell and other related companies. Avielle’s lawsuit seeks compensation for the NFL’s role in her father’s, Aaron Hernandez’s, post-mortem diagnosis of stage 3 chronic traumatic encephalopathy (CTE). Those diagnosed with CTE exhibit symptoms that include impulse control issues, aggression, depression, dementia, and suicidality. Hernandez committed suicide while serving a life sentence …

December 6, 2017 Concussions / Litigation / NFL

Should Hernandez CTE Case Remain Separate from Class-Action Concussion Litigation?

Lawyers for the estate of late NFL star Aaron Hernandez are trying to prevent a $20 million lawsuit, filed on behalf of Hernandez’ five-year-old daughter against the National Football League, from being merged with a wider class-action suit addressing former players’ concussions. The defendants, including the NFL and helmet manufacturer Riddell, asked U.S. District Judge George A. O’Toole in November to temporarily stay proceedings in the case until the U.S. Judicial Panel on Multidistrict Litigation (JPML) rules whether the action should be added to the …

November 22, 2017 Concussions / Litigation / NCAA

Estate of Former UNC Player Sues NCAA and ACC

The estate of former University of North Carolina offensive lineman, Ryan Hoffman, has sued both the ACC and NCAA on claims of negligence, breach of contract, and unjust enrichment in relation to head injuries Hoffman sustained while playing for UNC. The action seeks to establish a class action including former UNC players or their representatives.

Hoffman’s suit alleges the ACC and NCAA failed to provide adequate medical attention addressing severe and/or multiple concussions, failed to protect Hoffman and other players from brain trauma leading to …