Tag Archives: Minnesota

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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Former NHL Players Bringing Concussion Suit Ask Court to Unseal Concussion Class Certification Docs

Several former NHL players brought a concussion suit against the National Hockey League in 2013 based on allegations that they have all experienced long-term neurological issues as a direct result of concussions sustained while playing for the league; a suit precipitated by a settlement between the NFL and thousands of former players over similar allegations. The players claim the league neglected to provide adequate protection and information re concussion dangers and the possible repercussions. One of the players’ experts opined that the average NHL player…

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Minnesota Wild Seek Sanctions for Daily Fantasy Company Looking to Skate Sponsorship Agreement

As previously thought, the NHL’s Minnesota Wild are formally seeking sanctions against fantasy sports operator Draft Ops, owned by Emil Interactive Games LLC. On July 6, 2016, the Wild asked a Minnesota federal court to sanction Emil Interactive for attempting to escape the $1.1 million they owe as part of a sponsorship deal with the Wild and their Arena, the Xcel Energy Center. Initially, the Wild sued Emil Interactive for breach of contract after the parties agreed the daily fantasy sports company would be…

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Minnesota Wild Claims DFS Company’s Bid for Dismissal in Sponsorship Dispute was Made in Bad Faith

On June 22, 2016 the next step in an extended and contentious legal battle between the National Hockey League’s Minnesota Wild and Draft Ops fantasy sports was filed in a Minnesota federal court. On Wednesday, the Minnesota Wild filed a Response in Opposition to Draft Op’s Motion to Dismiss, asking a federal judge not to dismiss their complaint. Previously, Emil Interactive Games, which operates Draft Ops fantasy sports, asked the court to dismiss the Minnesota Wild’s breach of contract claims over a sponsorship agreement…

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Can a Doctor Diagnose CTE in Living NHL Players?

On April 12, 2016, the National Hockey League requested that a Minnesota federal judge require a doctor to disclose his examination process, as it would be the first time a doctor would diagnose chronic traumatic encephalopathy (CTE) in a living patient. This argument stems from debate over class certification in the former NHL player’s class action lawsuit against the NHL. The former players of the NHL took a leaf out of the National Football League’s playbook and filed independent lawsuits against the NHL for failing…

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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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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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NHL Concussion Lawsuit: NHL Seeks Discovery from Canadian Doctors

The NHL has filed a new discovery motion in the concussion lawsuit, which was brought by former players and consolidated in Minnesota as a multidistrict litigation in August 2014. The motion, filed on November 25, 2015, asks the court to seek help from the Ontario Superior Court in order to compel certain Canadian doctors to disclose documents. The 100-plus plaintiff players claim that the NHL failed to ensure player safety. It is alleged that the league failed to ensure players’ full recoveries following head injuries…

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NHL Wants to Keep Concussion Lawsuit in the Courtroom, Not in the Media

On Wednesday, October 21, 2015, the National Hockey League filed an official opposition in a Minnesota federal court against the release of what they believe to be privileged documents to the public. In its memorandum of law, the league argues against the “de-designation” of confidential documents sought after by the plaintiffs, who are made up of a class of former NHLers bringing suit to recover under a theory that they suffer, or are at risk of continued medical complications, due to sustained head trauma while…

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NHL Concussion Litigation: 3 Plaintiffs Voluntarily Dismiss Claims

By Monday September 28, 2015, a total of 3 plaintiffs voluntarily dismissed themselves from the NHL concussion multi-district litigation, which commenced in 2013. These plaintiffs, all former NHL hockey players, were part of the lawsuit claiming that the league failed to protect its players from brain injury. Of late, the number of plaintiffs added to the original 10 plaintiffs grew by 29 former players in February 2015. The 3 players who withdrew—Dan Fritsche, German Titov, and Bob Bourne—were targets in the NHL’s recent motion to…

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