Innere » amage was sustained at the NH

First, it was Gary Leeman and friends who filed a concussion class action lawsuit against the NHL. On Thursday, I broke the story that a second concussion lawsuit was filed against the NHL. A copy of the lawsuit can be found here. There are nine plaintiffs in this latest lawsuit against the league: Dan LaCouture, Dan Keczmer, Jack Carlson, Richard Brennan, Brad Maxwell, Michael Peluso, Tom Younghans, Allan Rourke and Scott Bailey. These are not household or brand names, and for casual fans, the only recognizable names may be Peluso, and to a lesser extent, LaCouture. The lawsuit alleges fraudulent concealment. In particular, the players complain that the league knew of the long-term neurological impact of repeated headshots and elected not to share that information with the players. By not revealing that information, players did not have an opportunity to make an informed decision about playing in the NHL. As was the case with the over 200 NFL concussion lawsuits filed, concealment is a critical component of this lawsuit. The players are also alleging that the NHL was negligent in the way it handled the welfare of players. The lawsuit states that the NHL fostered and promoted a culture of violence with a view to generating revenue. In doing so, the league failed to institute reasonable safeguards and protocols to protect its players from head trauma. By failing to protect the players from the risks and consequences of headshots, the league failed to discharge a legal duty owed to its players. Like concussion lawsuits generally, this one faces challenges. The first is causation. In order to get paid, the plaintiffs are going to have to show that the brain damage they suffered was caused at the NHL level. On the flip side, the NHL will point out that no one can say for sure what caused a players neurological condition, and even if it was caused by repeated headshots while playing hockey, how much of that damage was sustained while in the NHL and not in places like the AHL, CHL or Europe. So what caused the damage and when it was caused become critically important issues. Brennan played 50 NHL games, while Rourke and Bailey played 55 and 19 NHL games respectively. With so few NHL games played, its going to be tough for these plaintiffs to show that the NHL is responsible for their brain damage. As well, Peluso played 458 NHL games. He also played over 250 games outside the NHL during his professional career. Can you say definitively that the damage was sustained at the NHL level? Not easy. The league will also take the position that it didnt conceal any information. They will say that there wasnt any conclusive science at the time and they had the same information the players had. Basically, they will say we knew what you knew. That being the case, the league will then maintain that the players were aware of the risk associated with playing hockey based on the science at that time, and agreed to those risks each time they stepped onto the ice. This legal principle is called informed consent. The NHL could also maintain that this lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players would take the position that since this case involves fraud, it properly falls outside of arbitration and within the jurisdiction of the courts. So the bottom line is this: the players will need to provide good evidence showing that the league concealed the harmful impact of repeated headshots. If they dont have that evidence, they will have a very difficult time. On top of that, they will need to deal with the very tricky issue of causation. The way the lawsuit itself was drafted is a bit unusual. It provides that Gordie Howe is dead (hes not) and misspells Sidney Crosbys name (Sydney). It also makes reference to movies, including Gladiator, Youngblood and Friday the 13th. This is atypical. The lawsuit also relies on the concussion history of other players as support for the position that the game inflicts permanent neurological damage. In part, the lawyers point to players like Marc Savard, Nick Kypreos, Geoff Courtnall, Petr Svoboda, Keith Primeau, Pat LaFontaine, Tony Granato and Paul Kariya as having suffered long-term damage. However, this doesnt necessarily belong in this type of document. It looks more like evidence that needs to be presented at trial. So the lawsuit is perhaps atypical in the way it was drafted. From a legal standpoint, these inaccuracies may not ultimately hurt the merits of the lawsuit. These things can be corrected. However, it may undermine the credibility of the claims being made. As well, and perhaps more importantly, the whole idea with a class action lawsuit is to recruit other players. Its possible that other players may not feel entirely comfortable with this particular lawsuit given the oversights in the document. Still, there is time to right the ship and this lawsuit has some good lawyers associated with it. As far as next steps, the NHL will do what the NFL has done in the past: go to court and ask a judge to punt this lawsuit. Assuming the lawsuit is not dismissed, we are still years away from a resolution. One more thing: while this is the second NHL concussion lawsuit filed to date, it likely wont be the last. Expect to see more of them filed. Jerome Brown Jersey . Mark Van Guilder, Austin Watson and Colton Sissons also scored for the Admirals (22-13-10), who are 2-0-2 in their last four outings, while Roussel tacked on an assist for a two-point night. Greg Pateryn scored once for the Bulldogs (20-22-4), who lost their fifth straight contest, and also assisted on Gabriel Dumonts goal. Mike Quick Jersey . Following the Ford Womens World Curling Championship gold medal match that attracted record-breaking audiences to TSN, the networks exclusive live coverage of the tournament begins Saturday at 7am et/4am pt with Canadas opening draw against Denmark. http://www.cheapeaglesjerseysauthentic.c...-thorson-jersey. Numbers Game looks at the As getting Jon Lester from Boston, sending Yoenis Cespedes to the Red Sox along with a deal involving the As and the Minnesota Twins. The Athletics Get: LHP Jon Lester, LF Jonny Gomes, OF Sam Fuld and cash. Shareef Miller Jersey . Omar Rahou made the discriminatory gesture several times while celebrating scoring a goal against Romania at Antwerp in January, UEFA said. The sanction was double the five-match ban Nicolas Anelka received from an English Football Association independent tribunal last week for the same act. Reggie White Jersey ." Those traits were clear to the 24,071 at Olympic Stadium on Saturday as the Impact dominated the scoring chances but settled for a 2-2 draw with the New York Red Bulls in a battle of still-winless Major League Soccer teams.(SportsNetwork.com) - Former Baltimore Ravens running back Ray Rice has been reinstated to the NFL, winning an appeal of his indefinite suspension from the league according to multiple sources. Rice, who has been suspended since Sept. 8 for punching his now-wife in an Atlantic City Casino back in February, is now free to sign with any NFL team. NFL commissioner Roger Goodell initially suspended Rice for two games over the incident, but later banned him indefinitely for violating the NFLs personal conduct policy following the release of video footage that showed him striking Janay Palmer inside an elevator of the Revel Casino. The video rocked the league and also led to Rices release by the Ravens on the same day Goodell announced the harsher penalty. Surveillance footage showed Rice and Pallmer entering the elevator at the now- closed casino.dddddddddddd The two were standing next to each other before a minor shove. Rice then moved away and Palmer rushed toward him before he reacted with a quick left-handed blow. Rice appealed the indefinite suspension at a hearing in early November, one in which Goodell testified. Rice and his wife also testified, as did Ravens general manager Ozzie Newsome. The NFL Players Association argued the league violated labor laws by increasing Rices punishment after the video surfaced. Goodell spent most of his time under cross-examination by outside players union attorney Jeffrey Kessler. The 27-year-old Rice is a three-time Pro Bowler, rushing for 6,180 yards and 37 touchdowns in six seasons with Baltimore. Cheap Barcelona Jerseys Cheap Real Madrid Jerseys Authentic Cheap Bayern Munich Jerseys Cheap Dortmund Jerseys Cheap USA Jerseys Cheap USWNT Jerseys France Soccer Jerseys Soccer Mexico Jerseys Cheap Germany Jerseys Cheap Belgium Soccer Jerseys Brazil Jerseys From China Germany Jerseys From China Authentic Soccer Mexico Jerseys Cheap Portugal Soccer Jerseys Wholesale Spain Jerseys Cheap France Football Jerseys Cheap Germany Jerseys Authentic Cheap Mexico Jerseys Authentic Wholesale Colombia Jerseys Cheap Belgium Football Jerseys Wholesale Argentina Jerseys Cheap USA Soccer Jerseys China cheap uswnt jersey authentic Authentic AC Milan Jerseys Discount Arsenal Jerseys Wholesale A.S. Roma Jerseys Wholesale Atletico Madrid Jerseys Chelsea Jerseys From China Barcelona Jerseys From China Cheap Bayern Munich Jerseys Authentic Borussia Dortmund Jerseys Authentic Inter Milan Jerseys Authentic Juventus Jerseys Cheap Leicester City Jerseys Wholesale Liverpool Jerseys Authentic Manchester City Jerseys Authentic Manchester United Jerseys Cheap Paris Saint-Germain Jerseys Authentic Real Madrid Jerseys Sevilla Jerseys For Sale Tottenham Hotspur Jerseys Outlet ' ' '