NFL Concussion Settlement Payouts Far Ahead of Schedule

As we recently reported, the district judge overseeing the NFL’s billion dollar concussion settlement has refused the NFL’s request for a special investigator to uncover potentially fraudulent claimants.  Since then, claims administrators in the settlement process have released a report indicating that over $500 million in claims had been approved for payout as of July 30, 2018, which is 8 years ahead of the 10-year, $400 million projection. Just weeks ago, counsel for the NFL conjectured that the total settlement would reach approximately $1.4…
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Former NHL Players Will Not Appeal

Michael Cashman, a Minnesota lawyer representing former NHL players who filed lawsuits against the NHL, said that the former NHL players would not appeal United States District Judge Susan Richard Nelson’s decision. As we have recently covered, Judge Nelson declined to certify a class of thousands of former NHL players who sued the NHL. The player claimed that the league failed to inform them of the health risks caused by concussions and head-related trauma, even though the league had knowledge of such information. Judge…
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Attorney Sanctioned in WWE Concussion Suit

On July 22, 2018, U.S. District Judge Vanessa L. Bryant upheld sanctions against attorney Konstantine Kyros. As we have previously covered, Kyros represented former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE. The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. Despite being given more than one opportunity to amend his deficient responses; however, he did not. According to the decision, on January 27, 2016, WWE served Singleton and LoGrasso with interrogatories. On…
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Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants.  The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries.  The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years. On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a…
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UPDATE: 7th Circuit Declines to Revisit its Decision in Late NHL Player’s Wrongful Death Suit

On June 25, 2018, a panel of three 7th Circuit judges voted to deny a rehearing in the wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. As we have continued to cover since 2013, the case was originally dismissed largely due to procedural and technical defects, rather than the merits and alleged facts of the case. Boogaard died in 2011 following an accidental overdose of pain medication and alcohol. He was 28 years old. A posthumous diagnosis revealed that Boogaard…
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Former Players Sue the NHL

On June 21, 2018, former NHL players Dan Carcillo and Nick Boynton filed a lawsuit against the National Hockey League. Carcillo played 429 games in the NHL for the Phoenix Coyotes, Philadelphia Flyers, Los Angeles Kings, New York Rangers, and the Chicago Blackhawks. During those games he was involved in 149 fights and numerous on-ice scuffles. Boynton played 605 games in the NHL for the Boston Bruins, Phoenix Coyotes, Florida Panthers, Anaheim Ducks, Chicago Blackhawks, and the Philadelphia Flyers. During those games he was involved…
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Class-Action Suit Against Riddell Dropped

A class-action lawsuit brought against Riddell by former high school and college football players has been dropped. The former players had alleged that Riddell, the NFL’s official helmet maker from 1989 to 2014, misrepresented the degree of safety provided by helmets manufactured by the company. Specifically, the plaintiffs alleged that Riddell falsely claimed in advertising and marketing materials that its Revolution helmets would reduce concussions by 31 percent compared to other helmets on the market, without ever testing them for the type of hits…
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Federal Judge Refuses Chiefs Players’ Request

On December 3, 2013, a group of five former Kansas City Chiefs football players filed a workers’ compensation lawsuit against the Chiefs. The uniqueness about this lawsuit stems from the fact that this is one of the first cases suing a specific National Football League. The case parallels many claims made in the suit brought against the NFL; however, it questions “whether concussion-related cases should be heard by an arbitrator under the auspices of the league’s collective bargaining agreement.” These players chose to sue only…
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NFL Concussion Multijurisdictional Litigation is Turning into a Headache

In 2014, former Arizona Cardinals NFL players sued their team for negligence, negligent misrepresentation, fraudulent concealment, and loss of consortium. In their complaint, the former NFL players stated that the Arizona Cardinals, as an employer, owed them duties to maintain a safe working environment, not to expose them to unreasonable risks of harm, and to warn them about the existence of concealed dangers. Their argument alleged that while they were unaware of the risks associated with football-related concussions, the Arizona Cardinals knew, or should have…
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NFL Concussion Litigation: Plantiffs’ Numbers Continue to Grow

On Tuesday, February 23, 2016, the children of retired NFL Quarterback Rudy Bukich joined the ongoing litigation against the NFL and Riddell Inc., alleging that the league and the helmet manufacturer were aware of the dangers of football but failed to take steps to mitigate it. Rudy Bukich, now 85 years old, played for four NFL teams during the years of 1953 through 1968. The plaintiffs allege the following in their complaint: Rudy Bukich has suffered extreme long-term brain damage, has advanced dementia, is kept…
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