Tort Reform - POSTED: 2015/04/04 02:06
The NHL's motion to dismiss a class-action lawsuit brought by former players over concussion-related injuries was largely rejected Wednesday by a federal judge, allowing the claims to move forward.
The plaintiffs have been seeking unspecified financial damages and medical monitoring for neurological disorders. They've argued the league had the knowledge and resources to better prevent head trauma, failed to properly warn players of such risks and promoted violent play that led to their injuries.
U.S. District Judge Susan Richard Nelson wrote in her order that the former players "adequately alleged that the NHL negligently or fraudulently omitted information on an ongoing basis."
Attorneys for the NHL have pointed to a pair of primary grounds for dismissal of the lawsuit: pre-emption and statute of limitations. The gist is that the league's collective bargaining agreement with the players should pre-empt the claim, subjecting the dispute to the National Labor Relations Board, and that a tort claim such as this cannot be made past the six-year window for raising them.
Nelson declined to address one of the NHL's arguments but dismissed the others, in her 33-page ruling.