LATEST INSIGHTS

Concussions / Litigation / NHL

NHL Seeks To Have Wrongful Death Claims Checked

On November 4, 2016, the NHL sought to have Judge Gary Feinerman of the Northern District of Illinois reconsider the court’s previous decision to allow relatives of deceased hockey player Derek Boogaard to file wrongful death claims against the National Hockey League (NHL). The NHL argued the claims fell under the NHL’s Collective Bargaining Agreement (CBA) and should be preempted.

Judge Feinerman had previously agreed with the player’s family, which alleged the NHL promoted violence and implied head trauma was not dangerous and did not …

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Concussions / NFL

Boston University Brain Bank Confirms Kevin Turner Died of ALS

On November 3, 2016, a Boston University researcher confirmed that former NFL player Kevin Turner died of amyotrophic lateral sclerosis, or ALS. The statement was made in an effort to clarify conflicting media reports, as diagnoses of both ALS and chronic traumatic encephalopathy, or CTE, can simultaneously be correct.

First, neuropathologist Ann McKee concluded that she stands by her initial discovery that CTE caused Turner’s fatal neurological disorder, describing her findings as “the best circumstantial evidence we will ever get that this ALS-type of motor …

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Concussions / Litigation

Plaintiffs in Concussion Suit Respond to WWE, Inc. Sanctions Motions

Earlier this month, attorneys for World Wrestling Entertainment, Inc. (WWE) were accused of filing “abusive” sanctions motions against plaintiffs’ attorneys in a class action lawsuit centering on wrestler’s injuries sustained from concussions. The accusations involve a set of interrogatories, signed by plaintiffs’ attorney Konstantine Kyros, where two of the plaintiffs allegedly claimed to have knowledge of fraud by the WWE. Attorneys for the WWE, however, contend that this information directly contradicts previous deposition testimony, where the plaintiffs claimed not to have knowledge of purported WWE …

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General

New Jersey Betting Big on Legal Sports Wagering

After previous attempts to legalize sports betting in New Jersey have stalled, New Jersey appears to once again be pushing to make sports betting legal within its borders. Back in 2012, Governor Chris Christie signed legislation that purported to legalize sports betting in New Jersey. The proposed law was a partial repeal of anti-sports betting laws that carved out exceptions that allowed betting at specific locations; namely racetracks and casinos. The NCAA, NFL, NBA, NHL, and MLB quickly took legal action against the new legislation. …

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Celebrities / Litigation

Gawker Media, Hogan Finally Settle Sex Tape Saga

This past Wednesday, one of the most notorious journalism lawsuits finally came to an end. Former Gawker CEO Nick Denton agreed to pay $31 million—in addition to a portion of the company’s bankruptcy sale—to former wrestler Hulk Hogan. The agreement brings a final end to the legal drama beginning with Gawker’s publishing a secret sex tape featuring Hogan, whose real name is Terry Gene Bollea. This past March, a Florida Court found Gawker liable for libel to the tune of $115 million.

The broader storyline …

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Litigation / NFL

DeMeco Ryans Bring Lawsuit Against NFL and Houston Texans for Achilles Injury

DeMeco Ryans, a standout linebacker for the University of Alabama and former Houston Texan and Philadelphia Eagle, recently brought suit against the National Football League, his former team, and multiple entities stemming from a 2014 Achilles tendon injury.

Ryans, the defensive MVP of the 2006 Cotton Bowl and defensive Rookie of the Year after being selected first in the second round of the 2006 draft, played for the Texans from 2006-2011 and from 2012-2015 with the Eagles. While playing for the Eagles in Houston against …

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Celebrities

Justin Timberlake “Can’t Stop the Feeling” on Voting

It is likely Justin Timberlake was simply trying to encourage voting when he posted a voting-booth selfie on his Instagram account, but instead, he caused a little legal chaos.

In late October, Timberlake took to his over 37 million Instagram followers to encourage voting and told them to “choose to have a voice.”

Initially there were questions of whether Timberlake’s selfie violated Tennessee law; however these rumors were struck down by the Shelby County District Attorney’s Office. Although it is illegal to take pictures inside …

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Uncategorized

Law Reviving Professional MMA in New York Requires Additional Insurance Protection for Traumatic Brain Injuries

When professional mixed martial arts makes its return to New York State next month, fighters will have an added layer of protection from traumatic brain injuries. During the 2016 legislative session, the New York State legislature passed a requirement that all professional fighters — including both boxing and mixed martial arts — carry $1 million of additional insurance protection per fighter on a given fight card.

The Ultimate Fighting Championship’s event “UFC 205” will be the first state-sanctioned professional mixed martial arts competition in New …

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NCAA

Upon Further Review: NCAA Sends University of Hawaii Basketball Case Back to Committee on Infractions

On October 28, 2016, an internal NCAA appellate board said that the Division I Committee on Infractions should reconsider sanctions imposed on the University of Hawaii’s men’s basketball program. The Division I Infractions Appeals Committee found there was insufficient evidence showing that the university permitted men’s basketball coach Gib Arnold to act unethically, finding “there needs to be a connection between the behavior of the coach and the university.”

In 2015, the NCAA’s Division I Committee on Infractions found that Arnold violated NCAA rules concerning …

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NCAA

Under a Microscope: NCAA Reviewing Academic Standards of Division I Student-Athletes

On October 13, 2016, the NCAA announced that it opened an overarching review on its academic standards for Division I student-athletes. The target of this investigation is to maintain academic quality for these student-athletes, and the committee has already approved a new transfer policy in its effort to accomplish this goal that retroactively applies to the 2012-2013 academic year.

Under the old policy, when a student-athlete would transfer to another school, the transfer sometimes harmed the original school’s academic progress rate, or APR, which is …

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