NFL Concussion Multijurisdictional Litigation is Turning into a Headache

In 2014, former Arizona Cardinals NFL players sued their team for negligence, negligent misrepresentation, fraudulent concealment, and loss of consortium. In their complaint, the former NFL players stated that the Arizona Cardinals, as an employer, owed them duties to maintain a safe working environment, not to expose them to unreasonable risks of harm, and to warn them about the existence of concealed dangers. Their argument alleged that while they were unaware of the risks associated with football-related concussions, the Arizona Cardinals knew, or should have…
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NHL Wants Independent Medical Examination of Former Players

In a Minnesota federal court on Monday, February 29, 2016, the National Hockey League filed a motion to compel the medical examinations of some of the former players in the concussion MDL suit currently sitting against the league. The NHL argues that in cases of this nature, i.e., those where a plaintiff makes a claim about his current and future mental and physical health, it is routine procedure for said plaintiff to undergo an independent examination. The league’s memo in support argues there exists good…
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NHL Again Seeks Dismissal of Former Players’ Spouses’ Claims

Last week, the NHL filed a new memorandum in support of its motion to dismiss the wrongful death and loss of consortium claims brought by the spouses of ex-players in December 2015. These claims were tacked on to the players’ master amended complaint at the end of last year, which was filed in the MDL case in Minnesota, to deal with issues of concussions and other head-related injuries, as well as the long-term effects players’ suffered over their careers. The NHL had supplemented its pending…
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Retired Players Urge Court to Continue Discovery in NHL Concussion Suit

On Tuesday, February 2, 2016, former hockey players in the multidistrict litigation concussion suit filed a memorandum in opposition to the NHL’s motion to stay discovery. The league’s motion was filed in January, seeking a stay until its 2014 motion to dismiss is ruled on, arguing it has complied with all discovery requests and spent millions of dollars in what may potentially end up being extraneous spending if the suit is tossed. Players are arguing that the NHL’s sudden attempt at halting discovery is…
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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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Former KC Footballers Again Ask Court to Separate Claims

On Monday, January 25, 2016, a group of ex-Kansas City Chiefs renewed their remand bid seeking to get out of Pennsylvania federal court and back to a Missouri venue. The move comes as no surprise, as the players originally sought a transfer out of the multidistrict litigation concussion suit plaguing the NFL nearly two years ago. In the renewed motion, the players bring focus as to why Missouri state court is a more appropriate forum, arguing that their claims are predicated entirely on state…
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