Tag Archives: Derek Boogaard

Parents of Late NHL Player Derek Boogaard Request Revival of Wrongful Death Suit

On Monday, September 25, 2017, the parents of the late NHL player Derek Boogaard appealed to the Seventh Circuit, asking the court to revive their wrongful death lawsuit against the NHL. On appeal, the Boogaards claim the district court incorrectly applied Minnesota state law to the case. Derek Boogaard played in the NHL for six years and participated in 66 fights, with one of his final fights causing him a severe concussion. The Boogaards allege in their original suit that their son’s death stemmed from…

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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…

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NHL Wants to Keep Wrongful Death Suit in the Federal Courts

On January 20, 2017, the NHL opposed sending the wrongful death suit of deceased hockey player Derek Boogaard back to state court. The lawsuit began in 2013, and was initially filed in Cook County, Illinois, but was removed by the NHL to the federal courts shortly after. Boogaard’s family alleges he developed a painkiller addiction and permanent brain damage from injuries sustained as an “enforcer” for the New York Rangers and Minnesota Wild. Boogaard died of a painkiller overdose in 2011, and was prescribed…

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Family of Derek Boogaard Asks Federal Judge to Remove Tort Claims to State Court

The parents of former NHL player Derek “Boogeyman” Boogaard are asking a Federal District Court judge to remove their wrongful death claims — against the NHL — to state court. Their request comes on the heels of a ruling striking all claims involving federal law, and, Boogaard’s parents opine, the only allegations left to decide involve state tort law claims. Filed in 2013, the suit focused on the NHL’s failure to protect Boogaard and permitted him to return to action without completing recovery for his…

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NHL Seeks To Have Wrongful Death Claims Checked

On November 4, 2016, the NHL sought to have Judge Gary Feinerman of the Northern District of Illinois reconsider the court’s previous decision to allow relatives of deceased hockey player Derek Boogaard to file wrongful death claims against the National Hockey League (NHL). The NHL argued the claims fell under the NHL’s Collective Bargaining Agreement (CBA) and should be preempted. Judge Feinerman had previously agreed with the player’s family, which alleged the NHL promoted violence and implied head trauma was not dangerous and did not…

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Judge May Revive Wrongful Death Suit Against NHL

 In December, an Illinois judge granted summary judgment dismissing the wrongful death claim Derek Boogaard’s parents brought against the NHL. After years of fighting for their son, the judge recently indicated that two counts of their amended complaint may be sufficient for the case to proceed. Boogaard was an NHL enforcer for six years; he played for the Minnesota Wild and the New York Rangers. In 2011, Boogaard died of an overdose after years of fighting, sustaining various injuries, and becoming addicted to painkillers. After…

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NHL Reiterates Federal Labor Law Preemption, Argues to Toss Latest Claims of Victims’ Families

On Friday, January 22, 2016, the National Hockey League filed a brief in Minnesota federal court in an attempt to weaken the multidistrict litigation concussion lawsuit against it. In particular, the NHL is seeking the removal of claims filed on behalf of the spouses and families of injured players, arguing federal labor law preempts their loss of consortium and wrongful death actions. In filing the brief, the NHL hopes to dismiss the concussion suit altogether by continuing to reiterate their argument that the suit does…

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After Finding of CTE, Father of Deceased Hockey Player Sues NHL

After threatening to sue the NHL for months, the father of deceased ex-NHL player Steve Montador finally filed suit in a federal court on December 8, 2015. Montador, who suffered a career-ending concussion in 2012, was found dead in February 2015 at the age of 35. In May 2015, after studying Montador’s brain, doctors released their finding that the player had chronic traumatic encephalopathy (CTE) — a brain degenerative disease believed to be caused by multiple concussions sustained over the course of time. That same…

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Judge To Move Forward With Decision In Boogaard Wrongful Death Suit v. NHL

In 2013, the late NHL player Derek Boogaard’s parents filed a wrongful death suit in Illinois against the NHL. The plaintiffs allege that Boogaard’s death was a result of the NHL’s post-concussion drug treatment program, as Boogaard died in May of 2011 at the age of 28 after a prescription drug overdose. It was Boogaard’s team doctors that introduced him to the pain medication. In recent weeks, a fight ensued over documents in a separate but seemingly related case. A federal judge in the…

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To Preempt or Not to Preempt: The Boogaard Wrongful Death Action v. the NHL

In recent weeks, the NHL has busily defended two cases involving the league’s alleged liability for player safety issues. Although the plaintiffs in each individual case have filed distinguishable allegations against the league, discovery in the two suits may become intertwined. The first case is a multidistrict litigation (MDL) in which the plaintiffs — former NHL players — have claimed that the league is liable for their concussion-related medical problems. In the second case, the plaintiffs, parents of the late Derek Boogaard, alleged that the…

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