February 13, 2017 Concussions / Litigation / NHL

NHL’s Subpoena Requests Regarding CTE: Valid Production Request or Invasion of Privacy?

Beginning in September, 2015 the National Hockey League issued subpoenas to two doctors at Boston University’s Chronic Traumatic Encephalopathy Center (Boston CTE) in order to compel production of the center’s research related to the league’s concussion litigation. In October 2017, the NHL issued another subpoena, seeking information regarding Lazarus Zeidel — who was added as a named plaintiff in the concussion lawsuit against the league after being diagnosed with CTE in a post-mortem analysis of his brain.

While the league argued that the request …

March 29, 2015 Concussions / NHL

NHL Fails to Secure Quick Exit From Concussion Litigation

On Wednesday, March 25, Federal Judge Susan Nelson denied the NHL’s motion to dismiss the class action concussion injury lawsuit brought against it by former NHL players.

Several different complaints against the NHL were consolidated last October in which six former players, seeking to represent all players living and deceased, argue that the NHL failed to inform them of the health risks caused by concussions and head-related trauma though the league had knowledge, research, and resources of such information. The allegations mostly follow the lead …

March 6, 2015 Defamation / NHL / TV

TSN Broadcasts Inappropriate Trade Deadline Tweet Sparking Legal Controversy

On Monday March 2, TSN mistakenly rebroadcast a distasteful tweet about Toronto Maple Leafs players Joffrey Lupul, Dion Phaneuf, and Pheneuf’s wife – actress Elisha Cutherbert. Now, the rebroadcast could cost TSN and the tweet’s author a “significant amount.”

TSN is a Canadian sports television network, widely known for its coverage of hockey and the NHL. On Monday, the network was broadcasting live coverage of the NHL’s trade deadline on a segment called TradeCentre. It encouraged viewers to live tweet their thoughts and comments using …

January 26, 2015 Litigation / NHL

Bankruptcy Judge Recommends NHL Not Recoup Fees From Coyotes Purchase

On Wednesday, January 21, a U.S. Bankruptcy Court judge recommended that the NHL not be allowed to collect the majority of the $145.9 million it claims from ex-Phoenix Coyotes owner Jerry Moyes.

The lawsuit stems from the NHL’s 2009 purchase of its member team, then named the Phoenix Coyotes. The Coyotes were first purchased in 2006 by Jerry Moyes who realized after two years of operating at a $50 million loss that he could not afford the team. Moyes filed for Chapter 11 bankruptcy …

December 5, 2014 Legislation / MLB / NBA / NFL / NHL

Bill Ending Antitrust Exemptions for Pro Sports Leagues Introduced

A bill to end the current permanent antitrust exemptions of the four major professional sports leagues was introduced by Sen. Richard Blumenthal, D-Conn. on December 2.

Titled the Sustained Promotion of Responsibility in Team Sports Act (SPORTS), the bill would remove permanent antitrust exemptions for NFL, MLB, NHL, and NBA one year from the bill’s enactment and replace it with a reauthorization process every five years. According to the SPORTS Act, ninety-five days before ending the exemption, Congress would have an up-down vote on a …

December 3, 2014 Antitrust / TV

NHL Says No Common Question, No Common Answer, No Class Certification

In a court document released last week, NHL, Comcast, and others urged that the court should not grant a class certification to a group of TV broadcasting service subscribers who brought an antitrust action. The defendants including NHL, Comcast, MLB and others argued that since the plaintiffs had failed to show common impact with common evidence, granting a class certification was not proper.

In 2012, the subscribers commenced the suit alleging that the restrictions imposed by the NHL and MLB on local TV broadcasters are …

September 9, 2014 Concussions / Litigation / NHL

Moore & Bertuzzi Officially Reach an Agreement

The decade long legal battle between Todd Bertuzzi and former Colorado Avalanche player Steve Moore is officially at rest. After earlier reports of a potential settlement between Moore and Bertuzzi surfaced about two weeks ago, they were quickly undermined by Steve Moore’s brother, Mark, claiming the deal was a farce to pressure Steve into settling.

The allegations were finally ended on Thursday, however, when Steve Moore released an official statement leaving no suspicion or doubt: “the legal case for the loss of my NHL career …

August 23, 2014 Concussions / NHL

Minnesota Will Play Host to NHL Concussion Litigation

On Tuesday, August 19, it was determined that the current pending concussion lawsuits waged against the National Hockey League, will be combined and heard by a federal judge.

Three concussion lawsuits filed by former players against the NHL within the last year were assigned by a Judicial Panel on Multidistrict Litigation to District of Minnesota Judge Susan Richard Nelson. The judge is already presiding over one of the cases, which was filed in July. The Panel consolidated the cases in Minnesota to provide a …

August 1, 2014 Concussions / NHL

Lawsuits Becoming a Headache for NHL as Fourth Concussion Suit is Filed

On Tuesday, July 29, 2014, yet another lawsuit was filed against the National Hockey League regarding alleged brain injuries sustained by its players. This lawsuit is the fourth of its kind to be served on the NHL within the last nine months. Unlike the other three, this suit was filed by a lone plaintiff, former Boston Bruin John Rohloff.

Rohloff’s complaint, filed in the US District Court for the District of Minnesota, alleges that the NHL either was aware or should have been aware of …

April 21, 2014 Concussions / NHL

NHL in Fight with Insurer over Concussion Lawsuits

The National Hockey League is currently being sued in two separate lawsuits by former players who allege that the league concealed the long-term effects of concussions and failed to adequately warn them of the same. On April 17, the NHL was sued again – this time by one of its insurers (TIG Insurance Co., a New Hampshire-based unit of Fairfax Financial Holdings, Ltd.), a company that hopes to limit or avoid its duty to defend the league in the existing cases and the new suits …