No Goal: Massachusetts Panel Rules that Hockey Player Can’t Sue Fellow Player or Officials over Injury

The Massachusetts Appeals Court ruled in a split decision that a high school-age hockey player cannot sue a fellow player or other officials for a serious injury he suffered as a result of an illegal hit.

In July 2013, hockey player Daniel Borella was injured by opposing player Julion Scott Lever near the end of a game between the New England Renegades and Team Kanaly. After being checked by Lever, Borella briefly lost consciousness and had his hand slashed by Lever’s skate. Borella permanently lost …

May 29, 2018 Concussions

Injured Field Hockey Player Blocked From Suing School

A former high school field hockey player who sued her school district after suffering a head injury at a practice in 2012 had her case dismissed by a Massachusetts appeals court on Friday, May 18, 2018. The appeals court in Middlesex County, Massachusetts affirmed an order of dismissal made by the trial court pursuant to a sovereign immunity clause in the state’s Tort Claims Act.

After being struck with a field hockey stick by a teammate, Alexandra Stahr suffered a concussion and the loss of …

February 23, 2018 Fantasy Sports

Massachusetts Bill Proposes Legalization of Daily Fantasy Sports Amid Pending Supreme Court Ruling

On February 14, 2018, Massachusetts Legislature introduced a bill aimed at legalizing and taxing daily fantasy sports (DFS). The timing for the bill could be particularly timely depending on how the Supreme Court decides to rule on the Professional and Amateur Sports Protection Act (PASPA), which currently prohibits sports betting across the country. As we have previously covered, the issue is still pending with the Supreme Court, though many states are hopeful for a decision by mid-March.

Senator Eileen Donoghue, the initiator of bill …

November 19, 2017 Litigation / NFL

NFL Requests Hernandez Suit to be Paused

On November 15, 2017, the NFL moved a Massachusetts federal court to stay the proceedings of the lawsuit filed by Aaron Hernandez’s daughter for his late-stage chronic traumatic encephalopathy (CTE) until a decision is made about transferring the case to multidistrict litigation. After Hernandez committed suicide in prison, it was found that he had stage three CTE at the age of 27, which is most commonly seen in men in their 60s. Hernandez’s daughter claimed the NFL knew about CTE since the 1960s but did …

October 19, 2017 Concussions / Litigation / NFL

Hernandez’s Daughter Adds Helmet Maker in Refiled CTE Suit

On October 16, 2017, Aaron Hernandez’s daughter, Avielle Hernandez, filed suit in Massachusetts state court against the NFL and helmet maker Riddell Inc. for Hernandez’s post-death diagnosis of chronic traumatic encephalopathy (CTE). This suit was filed a few days after Avielle’s lawyers withdrew her suit in federal court against the NFL and the New England Patriots. However, the New England Patriots were left out of the Massachusetts state court suit. Avielle’s attorney stated that a separate action involving the Patriots will be filed at a …

September 15, 2017 Fantasy Sports / Litigation

DraftKings and FanDuel Agree to Pay $2.6 Million to End Massachusetts Attorney General Investigation

On September 7, 2017, DraftKings and FanDuel, two daily fantasy sports platforms, agreed to pay $2.6 million to settle the Massachusetts investigation into their unfair and deceptive practices. The Massachusetts Attorney General’s Office did not state what the violations were, but the fines are the result of a 2015 investigation into the two companies’ business operations.

In its 2015 investigation the Attorney General’s Office noted that consumers did not have adequate protections from the websites’ operators and more regulation was needed. This led to the …

April 4, 2016 Fantasy Sports / NCAA

Fantasy Sports Suspend College Sports Contests

Daily fantasy sports companies DraftKings and FanDuel have voluntarily agreed to suspend DFS contests involving college sports. This agreement arises after months of discussions between the fantasy sports companies, the NCAA, its member schools, and various state legislatures.

As the March Madness Tournament winds down, the agreement to suspend fantasy college contests will go into effect after tonight’s championship game.

DraftKings and FanDuel have been battling over the legality of their fantasy sports contests for quite some time. For example, DraftKings and FanDuel recently agreed …

February 6, 2016 Fantasy Sports

Class Actions v. DraftKings, FanDuel to be Consolidated in Massachusetts

Following the alleged October 2015 insider trading scandal involving daily fantasy sports (DFS) industry giants DraftKings, Inc. and FanDuel, Inc., a slew of consumer-based class actions were filed against the two companies.

In December 2015, DraftKings and FanDuel agreed with the plaintiffs that the cases should be consolidated in a single jurisdiction. Both companies argued before the Judicial Panel on Multidistrict Litigation that the consolidation should occur within the U.S. District Court of Massachusetts, where DraftKings is headquartered.

The Panel ultimately agreed with DraftKings and …

January 15, 2016 Fantasy Sports

Daily Fantasy Sports Industry Voices Concerns Over Mass. AG’s Regulations Proposal

On January 12, 2016, the State of Massachusetts held a public hearing on proposed regulations for daily fantasy sports gambling (DFS). The DFS industry voiced many concerns.

In November 2015, Mass. Attorney General Maura Healey proposed consumer protection regulations. Rather than banning DFS altogether, the proposed regulations would seek to ensure transparency, truthful advertising, and the protection of the young. Such regulations would prohibit Massachusetts DFS players less than 21 years of age. The proposal also seeks to place a $1,000 monthly deposit limit …

January 13, 2016 Fantasy Sports

Mass. Gaming Commission: Daily Fantasy Sports May Still be Illegal Despite Regulation Proposal

On January 11, 2016, the Massachusetts Gaming Commission released a report questioning the legality of daily fantasy sports (DFS) under state laws. The report, called the “White Paper on Daily Fantasy Sports,” was issued the day before the public hearing on Mass. Attorney General Maura Healey’s proposed regulations. In November 2015, Healey proposed consumer protection regulations for DFS rather than banning companies’ operations altogether.

In sum, the Commission argued that while regulations may protect consumers, they do not change the fact that DFS …