Tag Archives: Pennsylvania

Pennsylvania High School Students’ Concussion Class Action Allowed to Proceed

On October 10, 2017, the Pennsylvania Commonwealth Court affirmed the overruling of preliminary objections to the plaintiffs’ complaint in a 70-page opinion, and allowed a concussion lawsuit filed by high school student-athletes to proceed. Three students, individually and on behalf of a class, have filed a negligence suit against the Pennsylvania Interscholastic Athletic Association (PIAA) relating to concussion-related injuries sustained during participation in PIAA-regulated sports. The Commonwealth Court permitted an interlocutory appeal of the trial court’s ruling, and affirmed the lower court for the reasons…

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Zachary Lutz Hopes for Home Run in Suit Against Japanese Team over Abandoned Contract

On August 30, 2017, former New York Mets player Zachary Lutz filed a lawsuit in Pennsylvania federal court against the owners of the Japanese baseball team, Rakuten Golden Eagles, for fraud, negligent misrepresentation, and promissory estoppel for their sudden abandonment of his negotiated contract. Lutz debuted with the New York Mets in 2012, and in 2014 he decided to sign a contract with the Golden Eagles for the 2014 season, which spanned from June 2014 to November 2014. As the end of the 2014 season…

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Pennsylvania Appeals Court Denies NCAA’s Efforts to Appeal Negligence Finding in NCAA Death Suit

The NCAA’s efforts to appeal a Pennsylvania court’s finding that the NCAA was negligent in failing to require Division II schools screen for sickle-cell trait were denied on December 28, 2016. The case arose after Jack Hill Jr., a Slippery Rock University student, died following a high-intensity basketball practice due to sickle-cell trait complications. Jack Jr.’s parents, Jack and Cheryl Hill, filed suit against the University and the NCAA, arguing the university’s failure to administer sickle-trait testing prior to allowing them to participate in athletics…

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Criminal Case Against Bill Cosby Moves Forward

On February 3, 2016, in Norristown Pennsylvania, a judge denied Bill Cosby’s motion to dismiss criminal charges against him. The newly elected Montgomery County District Attorney, Kevin Steele, has filed three felony charges of second-degree aggravated indecent assault based upon the allegations from Andrea Constand. She claims she was sexually assaulted by Cosby in 2004. If Cosby is convicted he faces up to 10 years in prison and along with civil fines in State of Pennsylvania. The motion to dismiss is based upon former District…

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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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PA Horse Racing Industry Threatened With Suspension

Pennsylvania Governor Tom Wolf recently announced that he may shut down horse racing in the state as of October 30, 2015. The announcement comes as a result of a budget standoff regarding funding for racetracks. Pennsylvania’s Department of Agriculture provides oversight of the horse racing industry, which includes the funding for horse drug testing. Tom Wolf’s proposed budget would have the industry picking up the tab for the drug testing, which could save the state $7-9 million per year. According the Department of Agriculture, revenue…

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NFL Concussion Lawsuit: Six Players Drop Out

In a recent development, six former NFL players involved in the NFL concussion lawsuit filed notices of voluntary dismissal without prejudice. The notices were filed in the Eastern District of Pennsylvania. The players included former L.A. Rams and Houston Oilers offensive guard Kent Hill, former Buffalo Bills, San Francisco 49ers, and Pittsburg Steelers tight end Anthony “Tony” Cline Jr.; former Baltimore Colts, New Orleans Saints, and Miami Dolphins linebacker Edward Simonini; former Buffalo Bills wide receiver Randy Ragon; former Buffalo Bills and New England Patriots…

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Court Nixes NCAA-PSU’s Attempt to Dismiss Lawsuit over $60M Fine

A Pennsylvania Commonwealth Court denied the NCAA’s motion to dismiss a lawsuit filed by state Senator Jake Corman and Treasurer Rob McCord.  The suit is seeking to enforce the 2012 Higher Education Monetary Penalty Endowment Act (the “Act”) on the $60 million fine imposed on Penn State (“PSU”).  In the wake of the Jerry Sandusky child molestation scandal, the NCAA in 2012 imposed the penalty as part of a consent decree.  Under the Act, the NCAA fine must be used to prevent child sexual abuse…

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