On Monday, June 5, 2017, an Illinois federal judge dismissed the remainder of a wrongful death lawsuit filed by the parents of former National Hockey League player Derek Boogaard, who died of an alcohol and painkiller-induced overdose on May 13, 2011. A subsequent examination of Boogaard’s brain led to the determination that he was suffering from Stage II chronic traumatic encephalopathy, or CTE., at the time of his death, which researchers attributed to “repeated blows to the head during his hockey career.” The lawsuit against …
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Boston University Calls NHL’s Subpoena Unjustified; Seeks Reimbursement of Legal Fees
Boston University has filed a motion in Minnesota federal court asking the court to order the National Hockey League to reimburse the university for $119,704 in attorneys’ fees and costs. The NHL is currently embroiled in a proposed class action suit involving the claims of former players that the NHL failed to warn the players about the risks of head injuries and concussions. One of the potential groups of members includes players diagnosed with chronic traumatic encephalopathy (CTE).
Boston University is not a party to …
Continue ReadingPower 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 ReadingAnother Sports Concussion Suit: NHL Enforcer Sues Various NHL Teams and Insurer
Mike Peluso, a former NHL enforcer, slapped the New Jersey Devils, St. Louis Blues, and an insurer with a lawsuit, is maintaining that a “newly discovered” medical report proves the teams were aware of the risks associated with head injuries, and nevertheless, continued to encourage him to play and fight.
According to Peluso, he has played in over 450 games as an enforcer — a position with the primary purpose of agitating opponents and getting into fights in order to shield the skilled players …
Continue ReadingNHL Concussion Litigation Documents Ordered to be Made Public: Judge Unseals 28 Documents
A U.S. Federal Judge has unsealed certain documents in the long-running lawsuit over the National-Hockey League’s handling of concussions sustained by players, as the public benefit and need for the information outweighs any of the NHL’s interests in keeping the documents confidential.
The judge’s order required that one of the documents, an internal email regarding fighting and rules, to be kept confidential, because the league’s privacy interest in the notes and the prejudice that it would face if the notes were released outweighed the …
Continue ReadingWideman’s 10-Game Suspension Stands Despite NHL’s Insistence that Arbitrator Overstepped his Bounds
A New York federal judge recently confirmed the decision of James Oldham, an arbitrator, to reduce Calgary Flames defenseman Dennis Wideman’s suspension for hitting a referee.
As background, in January, 2016 Wideman was hit by another player while on the ice, which caused him to suffer a concussion. As he was skating to his bench, Wideman — looking dazed and confused — collided with a referee, Henderson. Henderson hit the ground and suffered from a concussion. The commissioner suspended Wideman for the minimum amount …
Continue ReadingResearchers Attempt to Block NHL’s Attempt to Discredit Head Trauma Research
On March 1, 2017, Dr. Ann McKee, a Boston University CTE researcher, filed an affidavit with the Minnesota federal courts that she fears the NHL is seeking research materials to discredit the center’s research on the brain disease CTE. Dr. McKee’s affidavit comes on the heels of the NHL’s motion to compel the center to produce their materials related to their research on the degenerative brain disease. The center’s research will be used by NHL players in a proposed class action lawsuit against the NHL …
Continue ReadingNHL’s Subpoena Requests Regarding CTE: Valid Production Request or Invasion of Privacy?
Beginning in September, 2015 the National Hockey League issued subpoenas to two doctors at Boston University’s Chronic Traumatic Encephalopathy Center (Boston CTE) in order to compel production of the center’s research related to the league’s concussion litigation. In October 2017, the NHL issued another subpoena, seeking information regarding Lazarus Zeidel — who was added as a named plaintiff in the concussion lawsuit against the league after being diagnosed with CTE in a post-mortem analysis of his brain.
While the league argued that the request …
Continue ReadingNHL Wants to Keep Wrongful Death Suit in the Federal Courts
On January 20, 2017, the NHL opposed sending the wrongful death suit of deceased hockey player Derek Boogaard back to state court. The lawsuit began in 2013, and was initially filed in Cook County, Illinois, but was removed by the NHL to the federal courts shortly after. Boogaard’s family alleges he developed a painkiller addiction and permanent brain damage from injuries sustained as an “enforcer” for the New York Rangers and Minnesota Wild. Boogaard died of a painkiller overdose in 2011, and was prescribed …
Continue ReadingFormer NHL Players Bringing Concussion Suit Ask Court to Unseal Concussion Class Certification Docs
Several former NHL players brought a concussion suit against the National Hockey League in 2013 based on allegations that they have all experienced long-term neurological issues as a direct result of concussions sustained while playing for the league; a suit precipitated by a settlement between the NFL and thousands of former players over similar allegations. The players claim the league neglected to provide adequate protection and information re concussion dangers and the possible repercussions. One of the players’ experts opined that the average NHL player …
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