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Jul 19

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NHL and NFL Concussion Litigation Updates

Sheilla and Derek teamed up for a two part series analysing Judge Nelson’s ruling to deny class certification in NHL Concussion Injury Litigation, in part 1 and then forecasting what’s ahead in part 2.

Part 1:

Class Certification Denied in NHL Concussion Litigation – An analysis of the decision and future implications

Last Friday, Judge Susan Richard Nelson issued a decision denying class certification in the NHL Concussion Litigation, consolidated in Minnesota District Court in August 2014. The case revolves around claims that the NHL has concealed the risks and dangers of brain damage inherent to the sport of professional hockey for decades, as well as rendering improper diagnoses and treatment, prioritizing profit at the expense of the health and safety of those playing the game. Part I of this series analyses Judge Nelson’s ruling and how the case arrived at this point, and Part II will analyze the impact of the ruling and what the players must prove in order to prevail. Read More about “Class Certification Denied in NHL Concussion Litigation – An analysis of the decision and future implications”

Part 2:

What’s next for retired NHL players in their quest for brain injury accountability?

If no appeal is filed, the burden of “pushing the puck” of NHL concussion litigation further “up the ice” toward the goal lies even more firmly on the shoulders of the current and former players who feel they have been wronged. In comments to Hockey News, Stuart Davidson, another attorney representing the players stated, “walking away is not an option,” and hinted that the Steve Montador wrongful death suit may be the first individual case to go to trial.  Comments from William Gibbs of Corboy and Demetrio, who individually represents the Montador estate, seemed to confirm. Read More about “What’s next for retired NHL players in their quest for brain injury accountability?”

The NFL Concussion Settlement also saw a couple of noteworthy filings this week.  Sheilla details them with links to the court documents in the Twitter threads below. (Hint for non-Twitter users: Click on the tweet to view the entire thread.)

 

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/07/19/nhl-and-nfl-concussion-litigation-updates/