November 6, 2018 Concussions / Fraud / NCAA

Notre Dame Football Player to Proceed with CTE Suit

The Supreme Court of Ohio has ruled that the estate of a former Notre Dame football player may proceed with their fraud and negligence claims, which allege that CTE is a “latent” disease and thus exempt from the typical statute of limitations.

The decision is noteworthy because, while negligence claims must usually be filed two years from the injury, “latent” diseases have a modified timeline: the two year time bar begins at the time an individual learned of the injury, not when the injury …

April 17, 2018 Concussions / Litigation / NCAA

Widow of Notre Dame Football Player Hopeful for CTE Suit to Stand

As we have previously covered, the wife of former Notre Dame football player, Steven Schmitz, filed a lawsuit targeting Notre Dame and the NCAA in 2014 on behalf of her late husband. She is seeking to recover for the college and organization’s alleged “reckless disregard” for the safety of college football players, specifically during the time period that Schmitz spent playing for the team in the 1970s, which led to his diagnosis of chronic traumatic encephalopathy (CTE) in 2012, and his ultimate passing in …

December 15, 2016 Litigation / NCAA

Ohio Takes a Closer Look at Accrual of Injury in Concussion Case

The long-lasting nature of a concussion injury may be a way around the statute of limitation problems for athletes bringing concussion suits. The Ohio Court of Appeals, which revived a former Notre Dame football player’s case against the National Collegiate Athletic Association (NCAA), recently reasoned that there was nothing about the player’s condition prior to diagnosis (within the statute of limitations) that would have alerted him that his injury was the result of the NCAA alleged tortious conduct.

Steven Schmitz, who passed away …