from Rick Westhead of TSN,
The National Hockey League’s motion to dismiss a class-action lawsuit brought by former players over concussion-related injuries has been rejected by U.S. District Judge Susan Richard Nelson, allowing the former players to continue efforts to examine NHL internal documents and emails and question league and team executives.
The former players are seeking unspecified financial damages and medical monitoring for neurological disorders. Attorneys for the NHL have tried to scuttle the case based on two legal arguments: preemption and statute of limitations.
In March 2015, Nelson, a U.S. district court judge in Minnesota, rejected the NHL’s claim that lawsuits like this one cannot be made so many years after players’ retirements.
On Wednesday morning, Nelson released an order rejecting the league’s claims that its collective bargaining agreement (CBA) with the NHLPA should preempt the claim. The NHL had hoped the case would be argued before the National Labor Relations Board, where any monetary judgments might be lower.
Create an Account
In order to leave a comment, please create an account.