On Thursday, September 8, 2016, World Wrestling Entertainment Inc. requested that a Connecticut federal judge preemptively disallow four former professional wrestlers from bringing any claims relating to brain injuries spawning from their times working to the entertainment company. According to the WWE, the latest round of ex-pro wrestlers can’t bring such claims because they are timebarred. Connecticut has a three year statute of limitations for any general tort claim; as well, it recognizes a two year statutory time period for potential plaintiffs to bring suit …
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Eleventh Hour Appeal Sends Concussion Settlement to Supreme Court, Delays Payouts
The family of former NFL fullback Carlton “Cookie” Gilchrist, who was diagnosed with chronic traumatic encephalopathy (CTE) after his death in 2011, has filed an appeal with the U.S. Supreme Court to review the concussion case with the NFL that had reached a potential $1 billion settlement. The players suing the league had originally settled about three years ago before a federal judge finalized their agreement in March, with the terms permitting over 21,000 former NFL players to receive up to $5 million of the …
Continue ReadingConcussion Lawsuits Reach Youth Football
A lawsuit has been filed in California federal court against Pop Warner and USA Football by two mothers whose sons played football as children and found to have suffered from chronic traumatic encephalopathy (CTE) after their deaths. The complaint accuses Pop Warner of failing to monitor games, practices, rules, equipment, and medical care to minimize long-term risks associated with brain injuries, failing to accurately diagnose brain injuries, and failing to approve the best equipment available. Meanwhile, it alleges that USA Football promotes safety programs of …
Continue ReadingWWE Seeks to ‘Knock-Out’ Final Remnants of Concussion Suit
As was recently affirmed, in the WWE’s concussion saga there only remain lawsuits by former professional wrestlers claiming the WWE committed fraud by failing to inform its athletes of the dangers of concussions and other brain trauma. Now, the WWE seeks to toss those remaining suits in a motion for summary judgement urging a Connecticut federal court to dismiss the allegations and end the legal battle.
On August 1, 2016 the WWE moved for summary judgement on the final remaining claim — fraud — …
Continue ReadingWell-Known Litigation Attorney Joins NHLPA Amid Pending Concussion and Player Discipline Litigation
In an NHLPA press release on July 29, 2016 the Player’s Union announced that longtime complex commercial litigation attorney Bruce S. Meyer is their new senior director of collective bargaining. The move will take place in mid-August and he is expected to get to work on the policy and legal aspects of the upcoming collective bargaining negotiations.
Meyer, an alumnus of the University of Pennsylvania and Boston University School of Law is considered an expert in International Sports Law and Business. As a partner at …
Continue ReadingTeams Violating NFL Concussion Protocol Face Harsher Fines
The National Football League (NFL) and the NFL Players Association (NFLPA) have agreed to a new concussion protocol. On Monday, July 25, 2016, the NFL released a new Game Day Concussion Protocol policy. New policies focus on the investigation of incidents and punishment of teams that are deemed to be in violation of the protocol.
The NFL has recently faced heavy criticism regarding its response to the dangers of head trauma. The claims focus on the league’s slow response to addressing injuries from repeated head …
Continue ReadingEx-NFL Player Requests NFL Pay Attorneys’ Fees
A retired football player is asking the Maryland court to order the National Football League to pay his legal costs after years of battling over disability benefits. In the long sought battle, he currently owes his attorneys $225,312 in attorneys’ fees and $3,098 in filing costs. The player argues his disability benefits case meets the merit test applied by the Fourth Circuit and his fees are reasonable.
Jesse Solomon played has a linebacker in the NFL for nine years. The Vikings drafted him in …
Continue ReadingNHL Commissioner Bettman Argues There’s No Evidence Supporting Link Between Hockey and Brain Trauma
On July 25, 2016, a letter by NHL Commissioner Gary Bettman was filed in the multi-district litigation over concussions in hockey dismissing the link between hockey related head injuries and long-term brain conditions. In this letter, he reiterated a similar infamous stance previously made by the NFL that there is no definitive connection between the two and their league has done everything in their power to keep its players safe.
Recently, Senator Richard Blumenthal (D-Conn), a ranking member of the Senate Subcommittee on Consumer Protection …
Continue ReadingConnecticut Federal Court Reaffirms ‘Smack Down’ of Concussion Suit Against the WWE
On July 21, 2016 Connecticut Federal Judge Vanessa L. Bryant handed down a partial win for the World Wrestling Entertainment Inc. in the concussion lawsuit against them. Specifically, the judge denied the ex-wrestlers motion to reconsider the previously dismissed complaints that the WWE fraudulently handled the risk of concussions with their athletes.
This case stemmed from a consolidated class action by many former wrestlers alleging fraud by omission when the WWE knew of the risk of concussions and failed to do anything about it. Particularly, …
Continue ReadingWidow Claims Riddell to Blame for “Horrific” Suicide
Chelsea Oliver, the widow of Paul Oliver, gained a big win in the federal court system on July 19, 2016. A federal judge remanded Chelsea Oliver’s case against Riddell Incorporated back to the state courts. Riddell removed the case from state court in May, claiming it fell under the Labor Management Relations Act. The federal judge rejected this argument and sent it back to the Circuit Court of Cook County.
This case stems from the death of Chelsea Oliver’s husband, Paul Oliver, who committed …
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