Roundhouse Kick: WWE Slammed with Lawsuit over Head Trauma Injuries

Dozens of former World Wrestling Entertainment Inc. (WWE) wrestlers have locked the WWE and its chairman, Vince McMahon, in a legal chokehold, alleging that the WWE failed to protect the wrestlers from the risks of repetitive head injury. On Monday, July 18, 2016, over fifty (50) wrestlers joined in filing a class action lawsuit with the federal court in New Haven, Connecticut. The WWE is the latest professional sports organization to face head trauma litigation, joining the NFL and NHL

The complaint alleges that the …

July 20, 2016 Concussions / NCAA

Federal Judge Pre-Approves NCAA Concussion Settlement

On Thursday, July 14, 2016, an Illinois federal judge granted preliminary approval of a $75 million settlement for concussion-related personal injury claims brought by a class of student-athletes against the National Collegiate Athletic Association (NCAA). U.S. District Judge John Z. Lee said he expects the settlement to be finalized next year after further resolution of issues between the two parties.

Seventy million of the settlement will be used to fund a 50-year medical monitoring program to screen student-athletes for head injuries. The remaining $5 million …

July 3, 2016 Concussions / NHL

Senator Presses NHL Commissioner for Answers on Concussions

U.S. Senator Richard Blumenthal (D – Connecticut) is pressing the National Hockey League Commissioner Gary Bettman to come clean with answers regarding the NHL’s stance on concussions. Specifically, Senator Blumenthal chided Bettman over comments which he believed to be “dismissive” about the link between head trauma and chronic traumatic encephalopathy (CTE), the brain disease which made headlines during the National Football League concussion litigation in recent years.

While the NFL has admitted to a link between CTE and playing football, Bettman has made no such …

July 1, 2016 Concussions / Litigation / NFL

Riddell Attempts to Tackle NFL Discovery in False Advertising Case

In a letter to the court dated June 23, 2016, helmet producer Riddell told a New Jersey federal court that consumers claiming their helmets were falsely advertised do not need to pursue discovery against the NFL and its former concussion specialist. Riddell suggests that the subpoena is unnecessary at this time for their class certification bid.

The case dates back to 2014, when the plaintiffs alleged that Riddell knew their helmets were compromised. As a result of the study, Riddell marketed that their helmets …

June 22, 2016 Concussions / Litigation

Illegal Procedure: Riddell Cannot Juke Around Football Helmet Suit

A West Virginia U.S. District Judge, John T. Copenhaver Jr., said that Riddell Inc. cannot escape the youth football helmet suit filed against the company. On Friday, June 17, 2016, Judge Copenhaver found that the proposed class action, brought by a youth football league, contains claims that are plausible.

Midwestern Midget Football Club Inc.’s filed suit against the helmet maker in 2015. The suit alleges that the helmet company overcharged consumers for football helmets, justifying the premium cost with the results of a statistically inaccurate …

June 15, 2016 Concussions / Litigation / NCAA

Another Concussion Related Headache for NCAA and SEC

Yet another former football player has been added to the long list of former students suing the NCAA for its alleged negligent treatment of concussions. On June 8, 2016, Orenthal James Owens, a defensive back for the Tennessee Volunteers (2000-2003), filed an action in Indiana federal court claiming that the NCAA and SEC exposed him to the debilitating effects of concussions by turning a blind eye.

During his time with the Volunteers, Owens remembers blacking out and suffering from memory loss following repeated blows …

June 9, 2016 Concussions / Litigation / NFL

Third Circuit Denies Rehearing NFL Concussion Settlement, Compensation Forthcoming

On Wednesday, June 1, 2016, the Third Circuit Court of Appeals denied the petition to rehear an objection to the NFL’s concussion settlement. Former players still unsatisfied with the settlement plan asked for the full Third Circuit to review the court’s April unanimous decision to affirm the lower court’s ruling. The uncapped settlement, settling about 5,000 NFL concussion-related lawsuits, provides up to $5 million to individual players suffering from severe neurological diseases. As the settlement covers over 20,000 retired players, the agreement could cost …

May 26, 2016 Concussions / NCAA

A Marathon, Not a Sprint: NCAA Concussion Settlement Revised Again

A long awaited settlement for NCAA concussion litigation has been revised, once again. The NCAA released the proposal in an effort to address shortfalls in previous settlement plans. The revised settlement, if approved by the court, provides injured student-athletes the option to sue their individual colleges, but only on behalf of players of a single sport. Additionally, the proposal removes a provision that would allow the administrator handling medical monitoring claims to pursue reimbursement from former athletes’ private insurers. The NCAA and lead plaintiffs …

May 25, 2016 Concussions / NFL

House Report Finds NFL Attempted to Circumvent Funding for CTE Research

A recent house report from the U.S. House Energy and Commerce Committee ranking member Frank Pallone, Jr. found that the NFL attempted to improperly sway the direction of its $30 million donation to the National Institute of Health (NIH). The report, released on Monday, May 23, 2016, confirms previous ESPN reports positing the NFL may be exerting inappropriate influence on the grant process for scientific studies into CTE.

Back in 2012, the NFL promised the NIH a $30 million donation to support research of serious …

May 20, 2016 Concussions / Litigation / NHL

More Discovery Required in NHL Concussion Suit

On May 16, 2016, in the ongoing suit between retired NHL players and the league, a Minnesota Federal Judge ruled more discovery is needed to determine if the former player’s claims are preempted by an NHL Collective Bargaining Agreement and, if so, which one. In January, the NHL filed a motion to stay discovery until their motion to dismiss was ruled on, which the former players opposed. On Monday, a judge sided with the retired players in allowing discovery to continue.

The six …