Tag: preemption

NHL Goes Scorched Earth Against Montador Lawsuit

montador case-Gary Bettman- Julie Grand Joseph Baumgarten Gregory S. Bailey Skadden Arps

The end of the NHL concussion litigation may be in sight, at least as it pertains to three members of a proposed class of former players that sued the league for damages related to head injuries and opted out of an earlier settlement. The NHL has asked the federal court in the Northern District of Illinois to consolidate the complaints of Daniel “Carbomb” Carcillo and Nick Boynton with the estate of the late Steven Montador and also made a motion for dismissal of the claims. Comparing those pleadings with what we already know about how the NHL operates in regards to head injuries produces some interesting inconsistencies that are convenient for the league.

Continue reading

Permanent link to this article: https://advocacyforfairnessinsports.org/current-litigation/current-nhl-cases/montador-estate-v-nhl/montador-case-reveals-the-nhls-logical-gymnastics-regarding-head-injuries/

NFL Concussion Settlement Opt-Out Plaintiffs Take on Chiefs & Cardinals

Lewis v Chiefs, Cardinals

In Part 1 of this series I detailed how §301 of the Labor Management Relations Act is the NFL’s number one go-to defense.  This provision brings cases filed in various state courts against the league into federal jurisdiction when reliance on CBA interpretation is necessary.  Often when the NFL successfully invokes this provision, especially in lawsuits involving retired players, there is no legal standing for the lawsuit under the CBA and the case is dismissed typically without extensive exploration the merits and allegations of illegal or unethical conduct.

Continue reading

Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/nfl-concussion-settlement-opt-out-plaintiffs-take-on-chiefs-cardinals/

The NFL’s Preemption Trap and How Concussion Settlement Opt-Outs Plan to Avoid It

Junior Seau

December 9, 2017
Sheilla Dingus As concussion settlement class members struggle to overcome delays and denials in the much heralded and massively disappointing NFL Concussion Settlement, opt-out claims are quietly moving forward. By 2012 hundreds of brain injury cases were filed against the NFL, and in some instances helmet maker Riddell, …

Continue reading

Permanent link to this article: https://advocacyforfairnessinsports.org/nfl-concussion-settlement/the-nfls-preemption-trap-and-how-concussion-settlement-opt-outs-plan-to-avoid-it/