Class-action status denied for NHL
concussion lawsuit by ex-players
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[July 14, 2018]
(Reuters) - A federal judge in
Minnesota on Friday denied class-action status for a lawsuit by former
players accusing the National Hockey League of failing to protect them
from head injuries and concealing information about the long-term
effects of concussions.
The ruling, in a 46-page opinion issued by U.S. District Judge Susan
Nelson in St. Paul, dealt a major setback to dozens of retired NHL
players who have joined a lawsuit similar to one brought against the
National Football League (NFL).
The NFL case led to an estimated $1 billion settlement with thousands of
former players.
Nelson acknowledged that the NHL plaintiffs faced major costs and
duplication of legal effort in pursuing their claims as individuals
rather than as a class.
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But she cited "widespread differences in applicable state laws" that
govern the kind of medical monitoring sought by the players as a remedy,
saying such disparities would pose "significant case management
difficulties."
Nelson had sided with the players in two previous key rulings, rejecting
bids by the league in 2015 and 2016 to dismiss the plaintiffs' claims
altogether.
The retired players in their lawsuit have accused the NHL of withholding
information from them about science linking brain trauma to long-term
neurological problems and of failing to adopt measures to better
safeguard players.
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Instead, according to the complaint, the league promoted a culture
of extreme violence in which fighting became central to the sport
and players inflicted crushing blows against each other and walls of
the ice rink.
The lawsuit had proposed creating two classes of plaintiffs. One
would consist of all living retired NHL players, and the other of
those living and dead who were clinically diagnosed as suffering
from neurological disorders linked to head trauma.
The league has disputed the assertions of the plaintiffs and their
experts of a definitive causal link between concussions sustained by
hockey players and later development of neurological disorders.
(Reporting by Steve Gorman; Editing by Richard Chang)
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