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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Injured Field Hockey Player Blocked From Suing School

A former high school field hockey player who sued her school district after suffering a head injury at a practice in 2012 had her case dismissed by a Massachusetts appeals court on Friday, May 18, 2018. The appeals court in Middlesex County, Massachusetts affirmed an order of dismissal made by the trial court pursuant to a sovereign immunity clause in the state’s Tort Claims Act. After being struck with a field hockey stick by a teammate, Alexandra Stahr suffered a concussion and the loss of…
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Former NHL Players Bringing Concussion Suit Ask Court to Unseal Concussion Class Certification Docs

Several former NHL players brought a concussion suit against the National Hockey League in 2013 based on allegations that they have all experienced long-term neurological issues as a direct result of concussions sustained while playing for the league; a suit precipitated by a settlement between the NFL and thousands of former players over similar allegations. The players claim the league neglected to provide adequate protection and information re concussion dangers and the possible repercussions. One of the players’ experts opined that the average NHL player…
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You Don’t Have to Pay for That? “Concussion” Movie Legally Allowed to Depict NFL Logos Without League’s Consent

As anyone who has ever watched a football game on TV knows, one of the first things you hear before opening kickoff is a disclaimer stating that any broadcast or use of the NFL brand or its logos without its consent is prohibited under the law. People are so used to hearing the disclaimer that they probably don’t think about it too much; they just know that in order for the TV stations to broadcast the games, they need to legally disclaim any right to…
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Players Oppose Garbage Time Objection in NFL Concussion Suit

After years of hard-fought litigation, a settlement seemed like it had finally been reached between former players and the National Football League for more than $750 million in favor of payment to the injured players’ and their families, with a large amount of funding also going directly to medical research for head trauma from football-related injuries.  However, some members of the class of former players immediately objected to the settlement, and it seems that many of them are still unhappy with the settlement agreement nearly…
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NFL Concussion Settlement Appealed; Benefits Delayed Again

The long-awaited settlement between the National Football League and its former players suffering from concussion-related injuries will be further delayed as one player and his wife filed an appeal of the agreed upon and judge-approved settlement on Wednesday, May 13. The settlement, having gone through several negotiations and a prior rejection by Judge Anita Brody, addressed the court’s concerns on monetary limit and was finally approved on April 22. The latest settlement relieves the $675 million cap the NFL set on its contribution to…
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NFL Concussion Settlement Likely to be Appealed for Failing CTE Victims

The estate of former Chicago Bears safety,  expressed an intention to appeal the approval of the most recent settlement between the NFL and retired players over the concussion litigation, which looks to pay out almost $1 billion in compensation. Wednesday’s settlement provides the greatest amount of relief any of the prior settlements have offered, lifting the $765 million cap that once restricted the amount the NFL would pay out.  Under the settlement, players would receive compensation in varying amounts for varying diseases; a diagnosis…
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Former NFL Players Object to CTE Benefits Cutoff Date for Incentivizing Suicide

On Friday, February 27, ten former NFL players objected to the revised settlement proposed in the long-running NFL concussion injury litigation. The objectors, dissatisfied with the recent amendments made February 13, mainly take issue with the “arbitrary cutoff date” for players’ families to receive benefits when a player dies with CTE.  Originally the plan was to pay $4 million in benefits to the families of players who died with CTE prior to July 7, 2104.  Under the most recent proposal, the cutoff date for…
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NFL Concussion Suit: Further Changes to Settlement Agreement

Both the plaintiffs and the NFL amended the tentative settlement plan in the NFL concussion suit again in response to U.S. District Court Judge Anita Brody. Early in February, Judge Brody issued an order that contained recommendations to “enhance the fairness, reasonableness and adequacy” of the proposed settlement agreement. The parties had until Friday to address her five concerns. First, Judge Brody urged to expand the provision that only counted NFL playing seasons in calculating eligibility of players. The revised agreement credits a half-season for…
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NHL Hit Again With a Concussion Lawsuit

On Monday, February 9,  yet another concussion related lawsuit was aimed at the NHL by former players seeking damages for the NHL’s alleged failure to protect and warn players about the long-term effects of head trauma. The lawsuit, filed in Minnesota District Court, joins several other previously filed lawsuits alleging similar claims against the NHL.  The 29 plaintiffs in the new complaint, including Manny Legace and Butch Goring, is set to become part of the multidistrict litigation before Judge Sue Nelson that consolidated the previous…
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