For additional legal analysis and perspective please see Michael McCann’s in depth feature for Sports Illustrated: A Deep Dive Into Sharrif Floyd’s $180 Million Lawsuit Against Dr. James Andrews Here’s another worthwhile read. Deadspin’s Dom Cosentino read Merril Hoge’s book, “Brainwashed” and interviewed Hoge twice. He also did the homework and read oodles of CTE …
Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/07/former-vikings-sharrif-floyd-sues-doctor-for-career-ending-medical-malpractice/
Oct 22 2018
A breakdown of the Hernandez suit against the NFL may be their toughest challenge yet if it can clear a couple of hurdles the NFL has tossed in its path. Read our breakdown of the dueling briefs that stand to determine the scope of the NFL’s liability to the public…and to a small child who …
Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/22/why-is-the-nfl-bullying-a-toddler/
On Wednesday, Judge Brody issued an order that will likely be the death knell to most dementia claims in the NFL Concussion Settlement after the Special Masters in charge of settlement operations made a request to the Court. In April, the NFL filed a motion requesting a special court-appointed fraud investigator, claiming that massive fraud was holding up valid claims. A hearing on the motion was held in May, and on July 18, Judge Brody issued a notice stating that she would defer ruling on the motion unless either Claims Administrator BrownGreer of the Special Masters made the request. I was present at the hearing and it seemed that the Claims Administrator and Special Masters were opposed at the time. No reason for reversal of that opinion was stated in the Special Masters’ request, leaving one to speculate as to their changed position.
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/fraud-investigator-to-be-appointed-for-concussion-settlement-at-nfls-request/
Aug 01 2018
I’m a bit behind in updating the blog homepage, so here’s a recap of our most recent work and also a few blasts from the past and other tidbits of interest. ~Sheilla NFL Concussion Settlement Opt-Out cases are back in the news – sort of. While not receiving mainstream news coverage some important developments are …
Permanent link to this article: http://advocacyforfairnessinsports.org/2018/08/01/updates/
Judge Hurls Lone Pine Order at NFL Concussion Settlement Opt-Outs. Could this be an axe to their cases?
True or False? The Constitution of the United States of America guarantees every injured party his or her day in court? You’d have been correct with either answer. While the Constitution does make that guarantee, other laws and pleading rules tend to cloud it. That’s the situation players who opted out of the NFL Concussion Settlement are looking at due to a recently filed order.
Permanent link to this article: http://advocacyforfairnessinsports.org/nfl-concussion-settlement/lone-pine-opt-outs/
On October 16, 2017 Shayanna Jenkins Hernandez filed a loss of parental consortium lawsuit in Massachusetts Superior Court against three NFL entities and helmet maker Riddell on behalf of her daughter, Avielle. Two potentially important court filings last week bring the case back into focus.
Permanent link to this article: http://advocacyforfairnessinsports.org/current-litigation/hernandez-v-nfl/crucial-motions-filed-in-aaron-hernandez-lawsuit-on-behalf-of-his-daughter/
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.
Permanent link to this article: http://advocacyforfairnessinsports.org/nhl-concussion-injury-litigation/whats-next-for-retired-nhl-players-in-their-quest-for-brain-injury-accountability/
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.
Permanent link to this article: http://advocacyforfairnessinsports.org/nhl-concussion-injury-litigation/class-certification-denied-in-nhl-concussion-litigation-an-analysis-of-the-decision-and-future-implications/
Former NHLers Nick Boynton and Daniel Carcillo call for accountability in a new lawsuit and appeals through Players Tribune
On Thursday, two former NHL players, Daniel Carcillo and Nick Boynton, who have been increasingly critical of the leagues handling of fighting and denial of the risk of brain injury have filed a lawsuit against the NFL in U.S. District Court for the District of Minnesota. The players assert that the NHL, outside of any collective bargaining agreement has a duty to keep its players safe.
Permanent link to this article: http://advocacyforfairnessinsports.org/nhl-concussion-injury-litigation/former-nhlers-nick-boynton-and-daniel-carcillo-call-for-accountability-in-a-new-lawsuit-and-appeals-through-players-tribune/
On the windswept, rainy, Isle of Arran, off the west coast of Scotland, former CFL fullback Phil Colwell is taking life such as it is one day at a time.
Colwell only played in the CFL for two seasons in the early 80s, yet he believes the major health issues he is now suffering through are directly attributable to his time in the league with concussion injury being his main complaint, along with back, hip and neck issues.
Permanent link to this article: http://advocacyforfairnessinsports.org/player-rights/cfl/phil-colwell-a-profile-of-one-cfl-players-battle-with-brain-injury/