February 12, 2020 Class Actions / Concussions / High School / Litigation / NFL

Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules

A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.

DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …

January 27, 2020 Hockey / Litigation

Hockey Player Sues Equipment Company, Claims Visor was Defective

Ian Hermann, a former junior hockey player, has sued the equipment company, HockeyTron, alleging that he was injured when a visor shattered on his face after being struck by a puck.

In October 2019, Hermann brought suit in the 429^th District Court of Collin County, Texas, alleging claims of product liability, breach of implied warranty, and negligence against HockeyTron. Hermann said that he purchased a Tron S30 Helmet Visor since it was marketed as being strong enough to protect the wearer from puck and …

June 22, 2018 Concussions / NCAA

NCAA Settles Wrongful Death Suit Mid-Trial

On June 15, 2018, the NCAA settled a lawsuit brought by Debra Ploetz, wife of former University of Texas football player, Greg Ploetz. Ploetz played college football from 1968 to 1972 but later died in 2015 from Chronic Traumatic Encephalopathy (CTE). The lawsuit made it to a Dallas, Texas courtroom, but was settled after only three days of trial. The lawsuit was seen as a potential landmark case if the jury ruled against the NCAA, which is potentially the reason why the NCAA decided to …

April 27, 2018 Fantasy Sports

DraftKings Seeks Declaration that Daily Fantasy Sports Contests are Legal in Texas

On April 16, 2018, DraftKings sought a declaratory judgment in Texas state court against Texas Attorney General, Ken Paxton. According to the petition, Paxton’s actions have sought to eliminate daily fantasy sports in Texas, and now, DraftKings is seeking a declaratory judgment to determine if daily sports are legal under Texas state law. DraftKings argued that the court need not look further than Paxton’s treatment of DraftKings’ main competitor, FanDuel, to see that Paxton’s “actions pose direct and particularized harm to DraftKings.”

In their …

April 5, 2018 Litigation / NFL

Texas Court Allows Clinic’s ERISA Suit Against NFL to Stand

On March 27, 2018, a Texas court partially granted and partially denied a four-time amended complaint in a suit filed by medical clinic, Advanced Physicians SC (AP), against Cigna Health and Life Insurance Company, Cigna Healthcare Management Inc., Connecticut General life Insurance Company, Great-West Healthcare-Cigna, and the NFL Player Insurance Plan.

From the lawsuit, AP sought compensation under the Employee Retirement Income Security Act, ERISA, for unpaid, but allegedly legitimate, claims for previous medical care rendered to retired NFL players and their families. According to …

January 12, 2018 Litigation

Deion Sanders Still Refuses to Cooperate in School Lunch Lawsuit

Deion Sanders once again faces sanctions due to his failure to participate in court proceedings surrounding the suit about his alleged misuse of subsidized lunch funds. As we have previously reported, whistleblower Lawrence Smith claimed that Prime Time Prep Academy, a charter school co-founded by Sanders and D.L. Wallace, applied for, and received, nearly $1 million under the National School Lunch Program and Summer Food Service Program, with no evidence that the money was used for school lunches or for the benefit of needy …

August 13, 2016 Litigation

Sanders Requests Second Chance in School Lunch Lawsuit

Former professional football star Deion Sanders has asked a federal court in Texas to reject a default judgment against him in a lawsuit alleging the misuse of subsidized lunch funds at Prime Time Prep Academy, a charter school co-founded by Sanders and D.L. Wallace. The default judgment was entered because of the failure of Sanders’ attorney, John D. Nation, to respond in a timely fashion to an amended petition by plaintiff Lawrence Smith. Nation claims he received a copy of the amended petition in question, …

March 28, 2016 Litigation / NCAA

Quick Fix: Judge Corrects Ruling and Orders Insurer to Repay $550,000 to Yahoo Over Cancelled NCAA Contest

On Thursday, March 24, 2016, a Texas federal judge ordered insurer SCA Promotions Inc. to repay $550,000 to Yahoo, adjusting a ruling in November entitling Yahoo Inc. to recover half of what it paid SCA under an agreement pertaining to an NCAA March Madness contest. It is unclear what the reason behind the correction was due to confidentiality agreements, which were also the subject of dispute earlier in the litigation.

SCA originally brought a breach of contract suit against Yahoo after Yahoo cancelled an …

March 11, 2016 Fantasy Sports

DraftKings Taking Texas to Court Following AG’s Opinion Letter

On Friday March 4, 2016, daily fantasy sports giant DraftKings filed suit in Texas state court against Texas’ attorney general over an opinion letter released in January by AG Ken Paxton declaring DFS constitutes illegal gambling. The filing was initiated shortly after the attorney general’s office announced it had reached a settlement with DraftKings’ ultra-competitor FanDuel to cease operations of paid entries in Texas.

In a 43-page petition, DraftKings asked the court for declaratory judgment, seeking it to rule that DFS games are one of …

March 9, 2016 Fantasy Sports

FanDuel and Texas Attorney General Reach Settlement

Pursuant to a settlement reached on Friday, March 4, 2016, daily fantasy sports giant FanDuel will no longer be accepting paid entries in Texas starting in May. However, if a Texas judge eventually rules that paid fantasy sports are legal, or if Texas laws governing fantasy sports changes, FanDuel will be able to resume accepting paid entries.

In January, the Texas Attorney General’s Office released an opinion concluding that daily fantasy sports constitute gambling under Texas law and also suggested to hire medical malpractice lawyer …