NHL files motion to dismiss concussion lawsuit

Friday November 21st, 2014

The NHL has filed a motion to dismiss a consolidated class action concussion lawsuit filed by former players, which alleges the league did not do enough to protect and inform its players about the dangers of traumatic head injuries, according to ESPN

The lawsuit has six former NHL players serving as class representatives: Dan LaCouture, Michael Peluso, Gary Leeman, Bernie Nicholls, David Christian and Reed Larson. It includes claims that the league downplayed the risks of head injuries and promoted violent play that led to injuries. 

From ESPN:

According to the lawsuit, these players are suffering from a variety of ailments such as headache, nausea, memory loss, depression and anxiety, and are at an increased risk of "developing serious latent neurodegenerative disorders and diseases including, but not limited to CTE, dementia, Alzheimer's disease or similar cognitive-impairing conditions.

The NHL's motion was filed on two different briefs for dismissal, one for arguing labor preemption grounds and another for dismissal on statute of limitations and pleading failure grounds, according to ESPN.

"These claims should be dismissed because plaintiffs have not alleged a duty to disclose or the circumstances surrounding the NHL's alleged omissions with sufficient particularity. Nor do their pleadings adequately support their assertion that the NHL somehow concealed publicly available information," the league asserts in court documents. "At minimum, plaintiffs should be required to provide a more definite statement in support of their fraud-based claims."

The case, which was filed in Minnesota, is being handled by U.S. District Judge Susan Richard Nelson.

In August, the NFL reached a $765 million settlement in a concussion lawsuit of its own brought about by former players. 

- Molly Geary



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