On October 10, 2017, the Pennsylvania Commonwealth Court affirmed the overruling of preliminary objections to the plaintiffs’ complaint in a 70-page opinion, and allowed a concussion lawsuit filed by high school student-athletes to proceed. Three students, individually and on behalf of a class, have filed a negligence suit against the Pennsylvania Interscholastic Athletic Association (PIAA) relating to concussion-related injuries sustained during participation in PIAA-regulated sports. The Commonwealth Court permitted an interlocutory appeal of the trial court’s ruling, and affirmed the lower court for the reasons …
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Will the NFL Terminate Players Who Kneel During the Anthem?
Experts have suggested NFL players who kneel during the anthem are unlikely to be terminated. And so far, no players have been. A few weeks ago, President Trump suggested players who do kneel during the anthem should be terminated. Reactions to President Trump’s comments were varied and some time later, many players have continued to kneel or lock arms with other teammates in a showing of solidarity.
The reason the NFL or its teams have taken no action could be purely legal. Players are employees …
Continue ReadingWill Showtime Take a Blow for Streaming Issues in Highly-Anticipated Mayweather-McGregor Fight?
In August, Showtime aired the highly-anticipated fight of Floyd Mayweather and Conor McGregor. Customers had to pay $99.95 to live stream the event. However, some angry customers filed class actions against Showtime, NeuLion, Zuffa, Zuffa owner William Morris, and Endeavor Entertainment LLC alleging that the live streams did not live up to expectations. The cases are spread out through districts in New York, Nevada, California, and Oregon. Customers are upset because highly-anticipated live stream was disrupted because of pay-per-view issues.
Specifically, customers allege that “as …
Continue ReadingNorthwestern Bricks its Shot for Motion to Strike in Johnnie Vassar Suit
On Friday, September 29, 2017, an Illinois federal judge denied the motion Northwestern University (NU) had filed at the end of January to strike portions of a former basketball player’s complaint that mentioned settlement negotiations. “Clearly, the purpose of this allegation is not to show liability by referencing a settlement agreement but rather to allege Northwestern’s bad act in making a misrepresentation to Vassar,” the judge’s order stated. The complaint alleged that NU offered a “cash payment” to “make Johnnie go away and free-up …
Continue ReadingNCAA and Student-Athletes Request Final Approval of $75 Million Settlement
On September 29, 2017, former student-athletes asked the Illinois federal court to approve the $75 million settlement against the NCAA for head trauma. With the reports of young NFL players diagnosed with brain damage after death, the former student-athletes insist that the medical monitoring part of the deal cannot come soon enough. The final approval hearing is scheduled to be heard before the judge in November.
The former student-athletes argued that the settlement is ready for final approval because the evaluation of the student-athletes’ claims …
Continue ReadingDraftKings and FanDuel Dodge Former College Athletes’ Likeness Suit
On September 29, 2017, an Indiana federal judge threw out a proposed class action brought by college athletes against DraftKings and FanDuel for allegedly profiting off the use of their names, images, and likenesses. The judge ruled that the college athletes’ claims were barred by exemptions to Indiana’s right-of-publicity law. The case was originally brought in Indiana state court by former Northern Illinois University football players Akeem Daniels and Cameron Stingily, and former Indiana University football player Nicholas Stoner on behalf of about 3,000 former …
Continue ReadingWWE Might Come Out on Top in Wrestling Brain Injury Suits
Back in 2015, more than 50 former wrestlers and performers filed suit against the WEE, alleging that it hid the risk of brain trauma and failed to offer wrestlers necessary medical attention and support. The suit alleged that the former wrestlers suffer from long-term brain damage and the development of chronic traumatic encephalopathy, known as CTE, the Alzheimer’s-like neurodegenerative disease related to repeated hits to the head. The wrestler’s claimed that the WWE knew about the potential for brain injury, and was not only negligent …
Continue ReadingErin Henderson Tackles the NY Jets with Wrongful Termination Suit
Erin Henderson, former New York Jets linebacker, sued the Jets on Friday, September 29, 2017, alleging the team wrongfully terminated his employment because of his bipolar disorder. He is seeking punitive damages along with $3.3 million in compensatory damages — the amount of his unpaid 2016 salary plus his non-guaranteed 2017 salary.
Henderson alleges the Jets placed him on the non-football injury (NFI) list on Oct. 22 without saying why, leading other teams to shy away from signing him, thinking it was related to previous …
Continue ReadingNFL Tackles Claims by Players Who Opted-Out of Concussion Settlement
The NFL requested on Monday, September 25, 2017 that a Pennsylvania federal court dismiss claims by former players who had opted out of an uncapped settlement agreement with the league. The players who had opted out had filed their second amended complaint in July, alleging that the league purposely concealed the long-term risks associated with head injuries and failed to implement proper safety measures to protect players. The NFL argued the new complaint presents claims dependent upon an interpretation of the terms of numerous health …
Continue ReadingParents of Late NHL Player Derek Boogaard Request Revival of Wrongful Death Suit
On Monday, September 25, 2017, the parents of the late NHL player Derek Boogaard appealed to the Seventh Circuit, asking the court to revive their wrongful death lawsuit against the NHL. On appeal, the Boogaards claim the district court incorrectly applied Minnesota state law to the case.
Derek Boogaard played in the NHL for six years and participated in 66 fights, with one of his final fights causing him a severe concussion. The Boogaards allege in their original suit that their son’s death stemmed from …
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