February 12, 2020 Class Actions / Concussions / High School / Litigation / NFL

Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules

A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.

DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …

October 25, 2019 Advertising / Class Actions / Hockey / Litigation / NHL / Privacy Rights

TCPA Lawsuit Against Tampa Bay Lightning Reaches Class Settlement

A settlement has been reached in a class action lawsuit against the Tampa Bay Lightning, in which a fan claimed that the NHL team violated the Telephone Consumer Protection Act (TCPA) by flooding him with unwanted text messages.

Plaintiff Brian Hanley claimed that the team violated the TCPA by using a bait-and-switch tactic. Hanley was under the impression that he had entered a ticket contest for a future Lightning game by texting a short code number. Instead, he had inadvertently signed up for an advertising …

October 17, 2019 Class Actions / Concussions / Litigation / WWE

WWE Counters Wrestlers’ Appeal in Concussion Lawsuit

World Wrestling Entertainment (WWE) and its CEO, Vince McMahon, have fought back against 67 retired wrestlers who appealed the dismissal of their concussion lawsuit.

Beginning in 2014, these former wrestlers filed lawsuits against WWE, arguing that the organization failed to protect their health, which resulted in concussions, CTE, and other brain injuries. In September 2018, the Connecticut District Court dismissed the lawsuit as many of the plaintiffs stopped wrestling before WWE was aware of the risks of head trauma. The attorney for the plaintiffs, …

July 8, 2019 Litigation / NFL

Rams to Pay $7.2 Million in Attorney Fees in Class Action Lawsuit by St. Louis Fans

A federal judge approved a settlement agreement in a class action lawsuit brought by football fans who bought personal seat licenses for St. Louis Rams home games before the team was moved to Los Angeles in January 2016. U.S. District Judge Stephen N. Limbaugh, Jr., a Missouri federal judge, granted the plaintiffs $7.2 million in attorney fees after approving two $3.6 million awards. Each of these awards are to be paid by the St. Louis Rams LLC to counsel.

Judge Limbaugh also released an order …

November 8, 2018 Class Actions / Concussions / Litigation

Former Players Sue Football Helmet Manufacturer Riddell

On October 30, 2018, a putative class action lawsuit was filed by former high school and college football players. The players are suing BRG Sports, Inc., commonly known as Riddell, for its practice of “marketing, promoting, and distributing dangerous and defective football helmets.” The players argued that they sustained permanent brain and neurological injuries due to inadequate padding in the company’s helmets, which they were told would protect them.

According to the complaint, Riddell is the world’s largest football helmet manufacturer. For decades, Riddell …

July 9, 2018 Antitrust / Labor & Employment / Legislation / NCAA

NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are …

March 5, 2018 Litigation / NFL

NFL Painkiller Lawsuit Appealed to Ninth Circuit

On February 23, 2018, former NFL players filed an appellate brief with the U.S. Ninth Circuit Court of Appeals, in which the players argued that their suit against all 32 NFL teams should not have been dismissed on the grounds that it was time-barred. According to the players, they became aware in early 2014 that NFL teams recklessly administered painkillers, which prematurely ended their professional playing careers and contributed to their diminished post-career prospects. According to their brief, the district court’s decision should be vacated …

June 23, 2017 Litigation

Backcheck, Forecheck … Paycheck? WHL Players Minimum Wage Class-Action Certified

An Alberta, Canada judge has allowed for the certification of a class-action against the Western Hockey League (WHL). The five U.S.-based teams are exempt from the class action since they are outside the court’s purview. Players are suing the league for back wages, overtime, and vacation pay. This suit mirrors two others that are proceeding against the Ontario Hockey League and the Quebec Major Junior Hockey League.

The players claim they are employees and should be paid at least minimum wage. Currently, the players receive …

February 15, 2017 Litigation / NFL

NFL Painkiller Lawsuit Dismissed

California Federal District Court Judge William Alsup dismissed in part a class-action lawsuit filed by former NFL players who alleged teams forced players to ingest painkillers in order to keep them on the field regardless of the health risks posed and the potential long-term consequences. The complaint, filed against all 32 teams of the NFL, stated the teams’ main goal was to mask pain and conceal injuries. In July 2016, Judge Alsup refused to dismiss the lawsuit, despite the NFL’s protestations that the claims were …

September 29, 2016 Litigation / NFL

NFL and Hall of Fame Improperly Try to Settle Lawsuit

The NFL and Pro Football Hall of Fame are not getting off easy in the class action lawsuit brought against them for abruptly cancelling the Hall of Fame Game in early August. Ticket holders initially brought suit in Ohio when the NFL and Hall of Fame knew the preseason Hall of Fame Game between the Green Bay Packers and Indianapolis Colts would not be played, but yet “allowed and encouraged fans to continue to purchase food, beverages, and souvenirs at the stadium as they waited …