This week the NHL was hit with another concussion-based lawsuit brought against it by nine former hockey players. The 109-page court filing accuses the league of negligence for failing to properly warn and protect players from the risks involved with repeated head trauma. In pertinent part the complaint reads, “[D]espite the fact that the NHL’s violent game design induces head trauma, including concussions, the NHL has failed and continues to fail to warn its players of the risks to their lives and the devastating and …
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Flyers & NHL Settle Class Action Winter Classic Dispute
A $1.1 million settlement has been reached in a putative class action about the 2012 Winter Classic tickets. Philadelphia Flyers season ticket holders sued Comcast Spectator – the team’s owner – and the NHL after being “forced” to purchase tickets to the Winter Classic separately at a significantly higher price. If approved, the settlement, filed in the U.S. District Court in New Jersey on December 12, 2013 will end the breach of contract action.
On January 2, 2012, the Philadelphia Flyers played in the NHL’s …
Continue ReadingIs it the NHL’s Turn to Take a Hit on Concussions?
On November 25, the National Hockey League was sued by 10 former players in a class-action lawsuit filed in U.S. District Court in the District of Columbia. Plaintiffs – which include NHL alumni such as Gary Leeman, Curt Bennett and Richie Dunn – assert that the NHL hasn’t done enough to protect players from the dangers posed by concussions.
Similar to the several thousand plaintiffs who recently settled the concussion litigation against the NFL (for $765 million), these former NHL alums assert that “The NHL’s …
Continue ReadingProfessional Athletes Fighting “Jock Taxes”
Professional athletes in two states are fighting “jock taxes.” Arguing that the taxes are “unfair and unconstitutional,” players are telling Tennessee and Ohio they want their money back.
A “jock tax” raises state or city tax revenues by taxing athletes who play in those locations. These taxes are imposed on professional athletes in a number of places such as the state of Tennessee and the cities of Cleveland, Cincinnati, Detroit, and Philadelphia. The general idea is that athletes are charged a …
Continue ReadingConcussion Controversy: Is the NHL Next?
As previously reported by the Sports and Entertainment Law Insider, the NFL’s recent settlement of the concussion class action brought by former pro players, the pending suits by former college football players against the NCAA and helmet manufacturer Riddell, and the wrongful death action by the parents of a Frostburg State University football player who died after repeated head injuries suffered on the field, among others, all beg the question: When — not if — will hockey see a rash of concussion-related litigation?
Both the …
Continue ReadingFormer Hockey Player Derek Boogaard’s Family Sues NHL for Wrongful Death
The family of a National Hockey League (NHL) player who died of an accidental overdose from pain medications and alcohol has filed a wrongful death lawsuit against the league in Cook County, Illinois. The family of Derek Boogaard alleges that the NHL is responsible for the brain damage he suffered during his years in the league and for his eventual addiction to prescription pain killers. Boogaard was found dead of an accidental overdose of pain medication and alcohol on May 13, 2011 at the age …
Continue ReadingAs Clock Ticks Down, a Closer Look at the NHLPA’s Threat to Decertify
The National Hockey League Players Association is considering the aggressive move of disclaiming interest in representing National Hockey League Players in collective bargaining negotiations with the league. That move would technically end negotiations for a new collective bargaining agreement and open the avenue of anti-trust litigation for the players. Essentially, the NHLPA would be turning over representation of the players to the agents and the attorneys and risk desertion by groups of players that may be adversely affected by anti-trust litigation.
The act of decertification …
Continue ReadingGUEST EXPERT ANALYSIS: Why the Lockout Strategy did not work for the NFL and why the NHL is in a Different Position
Looking for a repeat of its successful bargaining strategy of locking out players, the National Football League locked out its 121 part-time referees in June following the expiration of the National Football League Referees Association contract on May 31, 2012. Three months later, the NFL decreased its demand for concessions and increased its wage proposal in order to end this work stoppage before the replacement referees made another bad call on the field that changed the outcome of another game. Most people credit the call …
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