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 dismiss, heard before the Minnesota federal district court on Tuesday September 22, 2015. In that motion, the NHL requested that the court dismiss the 3 plaintiffs’ claims, contending they failed to comply with a June 2015 court order, which demanded all plaintiffs submit fact sheets.
The 3 plaintiffs voluntarily dismissed their claims, however, by way of motions. The judge granted the motions of Titov and Fritsche without prejudice; meaning, they are free to rejoin the litigation. It can be presumed that the judge will rule the same as to Bourne.