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, …

Continue Reading

Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.

U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.

As we previously reported, Judge Nelson oversaw a …

Continue Reading

Power 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 Reading

The NCAA Continues Opposition of Class Certification in Scholarship Antitrust Actions

On Tuesday September 8, 2015, the NCAA continued its opposition of class certification in a multidistrict antitrust litigation, which seeks to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams. The lawsuits, filed on behalf of past and current NCAA athletes, also aim to reduce restrictions on what schools can offer their players—like compensation, for example.

The plaintiff’s initial filing seeking class certification came in April 2015. For the individual cases to be certified, …

Continue Reading

Fans Granted Class Certification in NHL and MLB Blackout Litigation

On Thursday, May 14, Judge Scheindlin of the U.S. District Court for the Southern District of New York, granted class certification to the consumers suing the MLB, NHL, and broadcasters over blackout dates and high prices for sports packages.

The fans brought their lawsuit back in 2012 against both leagues, individual clubs, Comcast, and DirecTV, claiming that broadcast restrictions violated antitrust law. Those restrictions specifically include territorial blackouts for consumers who purchase large sports packages claiming to carry all games as well as many providers’ …

Continue Reading