By Gary J. Chester A typical concussion lawsuit by a football player targets the NFL or the NCAA and the athlete’s former team. The basic allegations are that the defendants knew the risks inherent in the sport, hid them from the athletes, and failed to adopt...
By Timothy Liam Epstein, Esq., of Duggan Bertsch, LLC Professional sports leagues who were forced to halt their seasons due to COVID-19 are slowly announcing when play will resume. Moreover, leagues that have been forced to delay the start of their seasons are...
By Phillip Movaghar & Jeff Birren, Senior Writer In July 2011 “…73 former professional football players sued the NFL and Riddell, Inc.” in Los Angeles Superior Court (In Re Nat’l Football League Players Concussion,821 F.3d 410 (“NFL Concussion”)...
A federal judge from the District of South Carolina has denied a motion from a sporting goods manufacturer and the retail store, which sold the manufacturer’s product, to exclude the expert witness of a plaintiff who suffered an injury while using the product and...
By Jeffrey M. Schieber, of Taft Stettinius & Hollister LLP Class certification decisions often require inquiry into the legal and factual merits of the plaintiff’s underlying claims. This reality, coupled with the proportionality principle embedded in the...
By Gary Wolensky and Christopher Hossellman, of Buchalter A federal jury in the Western District of Wisconsin recently returned a unanimous defense verdict for K2 Sports, LLC after a five day trial before Chief Judge James D. Peterson. The jury heard testimony...
A federal judge from the Northern District of Illinois temporarily dismissed the complaint of three former high school football players, who sued two companies that design, manufacture, and sell football helmets, alleging that their defective designs, inadequate...
By Kimberly Archie To understand football helmets, their design and defects, we have to look at their manufacturing standard and how they are tested to measure whether they meet this voluntary standard, or not. There is only one standard that helmets are...
By Christopher Calnan A Connecticut public health advocacy group is urging localities to spend money on athletic fields of real grass instead of synthetic turf until high quality studies can be completed. The Environment and Human Health Inc. is...
A federal judge from the Northern District of Indiana has granted summary judgment to Leatt Corporation, a company which develops and markets protective equipment and ancillary products for the sports industry, finding that the company was not responsible for a spinal...
By Brian C. Konkel, JD, of DUGGAN BERTSCH, LLC The Sports & Fitness Industry Association (SFIA) held its annual Litigation, Regulatory & Risk Management Summit on April 26th and 27th in Chicago. The event addressed a wide array of industry related...
By Melanie Dammel The Superior Court of New Jersey’s Civil Division is reviewing a claim against a company accused of knowingly selling defective turf to more than 1,500 institutions in the State of New Jersey. The plaintiffs (State-operated School...
