Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit. U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state. As we previously reported, Judge Nelson oversaw a…
Continue reading...

Judge Dismisses Former NHL Enforcer Michael Peluso’s Lawsuit

On August 24, 2018, Judge Susan Richard Nelson dismissed Mike Peluso’s lawsuit against the New Jersey Devils, St. Louis Blues, and the Chubb Group. As we have previously reported, Peluso, a former NFL player who played professionally for nine seasons, sued the Devils, Blues, and their insurance company, the Chubb Group, claiming that they intentionally hide the dangers he faced from continued head injuries. After his retirement in 1998, the long-term effects of his role as an enforcer and the resulting brain injuries formed…
Continue reading...

Former NHL Players Will Not Appeal

Michael Cashman, a Minnesota lawyer representing former NHL players who filed lawsuits against the NHL, said that the former NHL players would not appeal United States District Judge Susan Richard Nelson’s decision. As we have recently covered, Judge Nelson declined to certify a class of thousands of former NHL players who sued the NHL. The player claimed that the league failed to inform them of the health risks caused by concussions and head-related trauma, even though the league had knowledge of such information. Judge…
Continue reading...

NHL Players Denied Class Certification

On July 13, 2018, United States District Judge Susan Richard Nelson declined to certify a class of thousands of former NHL players who are suing the NHL. As we have previously reported, several former NHL players sued the NHL claiming that the NHL failed to inform them of the health risks caused by concussions and head-related trauma even though the league had knowledge of such information. The players filed for class certification, but Judge Nelson refused to certify the class because the applicable law…
Continue reading...

NHL Moves to Bar Testimony of Four Expert Witnesses in Concussion Litigation

On February 9, 2018, two proposed classes of NHL players asked U.S. District Court Judge Susan Richard Nelson not to bar expert testimony of four experts. The players argued that the experts provided necessary information that is pertinent to their lawsuit. The suit began when former NHL players claimed that the NHL failed to inform them of the health risks caused by concussions and head-related trauma even though the league had knowledge of such information. The NHL argued that epidemiologist Dr. R. Dawn Comstock’s opinions…
Continue reading...

Boston University Wins Fight for Fees

On Monday, July 31, 2017, U.S. District Judge Susan Richard Nelson awarded Boston University $96,300 in attorneys’ fees and costs to be paid by the National Hockey League. The dispute stemmed from the NHL’s demand for research and data from about 400 former athletes’ brains studied by BU’s Chronic Traumatic Encephalopathy (CTE) Center. The University refused the request on the grounds that only six of the brains studied were those of former NHL players, and Judge Nelson honored their request for fees and costs stemming…
Continue reading...

NHL Trying to Eject Two Retired Players from Concussion Lawsuit

The National Hockey League is urging the Minnesota federal court to act now to remove two former players from the proposed class action. The NHL wants its bid for summary judgement for claims made by Gary Leeman and Bernie Nicholls to press on. The league argues the three-year statute of limitations bars these two players’ claims, who retired in the late 1990s. Both Leeman and Nicholls serve as class representatives of their respective classes. The NHL argues the move for summary judgement is appropriate now,…
Continue reading...

Power Play: Former NHL Players Shoot for Stay of Deadlines and Bellwethers in NHL Concussion Lawsuit

On May 5, 2017, former National Hockey League players currently engaged in the concussion lawsuit submitted a letter requesting a stay of all deadlines surrounding their bid for class certification. This letter was drafted per an instruction from U.S. District Judge Susan Richard Nelson, who ordered both parties to confer and simultaneously send letters outlining their positions. In the letter, the players indicate it would be impracticable to be expected to depose the NHL’s 19 experts, oppose five expert motions in limine, obtain rebuttal…
Continue reading...

Sports Litigation and Cases to Keep an Eye on in the New Year (Part II)

Part one of our look ahead at some of hottest sports litigation topics focused on the Deflategate appeal and the battle in New Jersey over the legalization of sports betting. Today, we’ll look at the latest surrounding the NCAA anitrust litigation, concussion litigation in the NHL, and the FIFA corruption scandal. NCAA Antitrust Litigation The Ninth Circuit’s recent decision in O’Bannon v. NCAA cleared the way for collegiate schools to offer student athletes the full cost of attending college, but also prevents schools from…
Continue reading...

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…
Continue reading...