Federal Judge Severs Claims Against Riddell in NFL Concussion Litigation

On Tuesday, December 1, 2015, U.S. District Judge Anita B. Brody severed claims against helmet company, Riddell Inc., from those pursued against the NFL in relation to a suit brought by players who have sustained traumatic head injuries during their careers.

A settlement between the NFL and the players was reached back in April, however, this settlement did not include the Riddell defendants. The court addressed the Riddell defendants on Tuesday, when it granted the helmet company’s motion for severance.

In granting Riddell’s motion for …

December 1, 2015 Concussions / NHL

NHL Concussion Lawsuit: NHL Seeks Discovery from Canadian Doctors

The NHL has filed a new discovery motion in the concussion lawsuit, which was brought by former players and consolidated in Minnesota as a multidistrict litigation in August 2014. The motion, filed on November 25, 2015, asks the court to seek help from the Ontario Superior Court in order to compel certain Canadian doctors to disclose documents.

The 100-plus plaintiff players claim that the NHL failed to ensure player safety. It is alleged that the league failed to ensure players’ full recoveries following head injuries …

November 20, 2015 Concussions / Litigation / NCAA

NCAA Responds to Objections Over Concussion Settlement

On November 16, 2015, the NCAA responded to objections made earlier this month in relation to the proposed $75 million concussion settlement offered by the NCAA to monitor symptoms of concussions in current and former athletes.

A couple of weeks ago, Adrian Arrington — former member of the Eastern Illinois University football program — objected to the proposed NCAA settlement, claiming that it will not help former college athletes that have already incurred out-of-pocket expenses related to diagnosed injuries. Arrington also voiced his concern that …

November 19, 2015 Concussions / NFL

NFL Hit With Another Concussion Lawsuit

On Wednesday November 11, 2015, the son of former professional football player Art DeCarlo brought a wrongful death suit against the National Football League in New York State Supreme Court on behalf of his father’s estate. The son chose to file an individual suit rather than participate in the contested concussion settlement agreement reached between the NFL and former players for more than $765 million. That settlement is still waiting approval on appeal.

According to the complaint, DeCarlo played in the NFL from 1953 to …

November 11, 2015 Concussions / Soccer

US Youth Soccer to Undergo Sweeping Rule Changes in Lieu of Concussion Litigation

This past Monday, November 9, 2015, the US Soccer Federation, one of the governing bodies of youth soccer leagues across the nation, announced a new safety initiative it intends to put into play to help combat concussions and related injuries among America’s younger players. The announcement comes as a final step in a long, drawn out legal battle by concerned parents to limit the potential risks children face playing one of the more popular youth sports.

US Soccer Federation made the announcement Monday in response …

November 5, 2015 Concussions

Former Wrestler Argues Against WWE Forum Shopping in Concussion Suit

On Friday, October 30, 2015, retired professional wrestler “Billy Jack” Haynes filed a supplemental brief in a Connecticut federal courthouse in opposition to a motion filed by World Wrestling Entertainment (WWE) concerning which law should be applied in litigation. Haynes originally brought suit in Oregon against the WWE to recover for concussion-related injuries he sustained while wrestling for the company and which have continued to affect him well into retirement. Haynes’ suit was consolidated with a number of similar actions brought by former wrestlers against …

October 26, 2015 Concussions / Litigation / NHL

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 …

October 22, 2015 Concussions / Litigation

WWE Attorneys Ask Court for Sanctions, Grapple Over Proper Actions in CTE Lawsuit

On Friday, October 16th, 2015, World Wrestling Entertainment filed a motion in Connecticut federal court, seeking sanctions and other penalties against a set of attorneys from personal injury attorneys near Festus representing former WWF performer Matt Osborne. Osborne created and popularized the character of Doink the Clown, a staple of early to mid-1990s professional wrestling, until he was fired by management in 1993 for drug-related issues. Following Osborne’s death by overdose in 2013, his family hired a team of attorneys to represent them on behalf …

October 17, 2015 Concussions

Players Oppose Garbage Time Objection in NFL Concussion Suit

After years of hard-fought litigation, a settlement seemed like it had finally been reached between former players and the National Football League for more than $750 million in favor of payment to the injured players’ and their families, with a large amount of funding also going directly to medical research for head trauma from football-related injuries. However, some members of the class of former players immediately objected to the settlement, and it seems that many of them are still unhappy with the settlement agreement nearly …

September 30, 2015 Concussions / NHL

NHL Concussion Litigation: 3 Plaintiffs Voluntarily Dismiss Claims

By Monday September 28, 2015, a total of 3 plaintiffs voluntarily dismissed themselves from the NHL concussion multi-district litigation, which commenced in 2013. These plaintiffs, all former NHL hockey players, were part of the lawsuit claiming that the league failed to protect its players from brain injury. Of late, the number of plaintiffs added to the original 10 plaintiffs grew by 29 former players in February 2015.

The 3 players who withdrew—Dan Fritsche, German Titov, and Bob Bourne—were targets in the NHL’s recent motion to …