Boogaard Plaintiffs Checked in Attempt To Get Back in State Court

Apr 18, 2014

A federal judge from the Northern District of Illinois has ruled that the family of Derek Boogaard — who sued the National Hockey League, its Board of Governors, and the Commissioner for negligently causing his death — will not be able to argue its claims in Illinois state court because they are preempted by § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185.
 
The plaintiffs had alleged that the defendants acted negligently when they supplied him with excessive amounts of painkillers during his career as an “Enforcer” and for failing in their attempt to curb and cure his resulting addiction.
 
Boogaard died of an accidental prescription drug overdose on May 13, 2011 in Minneapolis, after a battle with addiction to painkillers allegedly prescribed by a team of NHL doctors.
 
A post-mortem examination revealed Boogaard suffered from CTE, a progressive brain disease caused by head trauma, according to the lawsuit.
 
Boogaard was drafted in 2001 by the Minnesota Wild as an “Enforcer,” a player that engages in fist fights with players from the opposing team during games. In fact, Boogaard played in 277 regular season games and participated in at least 66 on-ice fights. In the 2008-2009 season, Boogaard was given 1021 pills by NHL team doctors and dentists, the lawsuit alleges. And in a two-week period, Boogaard was given 150 pills of Oxycodone. Following that, Boogaard took up to ten pills of Oxycodone a day, according to the lawsuit, which was filed in Cook County Circuit Court.
 
The NHL removed the case to federal court under 28 U.S.C. § 1441, asserting that federal question jurisdiction lies under 28 U.S.C. § 1331 because Boogaard’s purported state law claims are completely preempted by the LMRA, and thus in fact are federal claims.
 
Boogaard then moved to remand the case back to state court, arguing that his claims are not completely preempted by the LMRA and thus are true Illinois law claims. Because at least some of Boogaard’s claims are completely preempted, the motion is denied.
 
The court elaborated, noting that “settled precedent holds that § 301 the LMRA completely preempts state law claims ‘founded directly on rights created by collective-bargaining agreements, and also claims substantially dependent on analysis of a collective-bargaining agreement.’ Caterpillar Inc. v. Williams, 482 U.S. 386, 393, 107 S. Ct. 2425, 96 L. Ed. 2d 318 (1989); see also Nelson v. Stewart, 422 F.3d 463, 467-69 (7th Cir. 2005); In re Bentz Metal Products Co., Inc., 253 F.3d 283, 285-86 (7th Cir. 2001) (en banc).
 
Robert D. Nelson, Personal Representative of the Estate of Derek Boogaard, Deceased, Plaintiff, v. National Hockey League et al.; N.D. Ill.; 13 C 4846, 2014 U.S. Dist. LEXIS 21028; 2/20/14
 
Attorneys of Record: (for plaintiff) Thomas A. Demetrio, William T Gibbs, Lead Attorneys, Corboy & Demetrio, Chicago, IL. (for defendants) Howard Z. Robbins, Lead Attorney, Pro Hac Vice, Proskauer Rose, New York, NY; Joseph Baumgarten, Lead Attorney, Proskauer Rose LLP, New York, NY; Paul L. Langer, Lead Attorney, Michael Frederik Derksen, Proskauer Rose LLP (70W), Chicago, IL.


 

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