A federal judge in Minnesota has rejected the NHL's motion to dismiss a concussion lawsuit brought on by retired players, the New York Times reported .
The plaintiffs accused the league of failing to inform them of health risks caused by concussions as a result of repeated head trauma and are seeking a financial settlement for the “pathological and debilitating effects of brain injuries caused by concussive and sub-concussive impacts sustained … during their professional careers,” according to court documents. The plaintiffs include former players Dan LaCouture, Michael Peluso, Gary Leeman, Bernie Nicholls, David Christian and Reed Larson.
The league aimed to have the lawsuit dismissed, arguing time-sensitivity, jurisdictional issues and an inadequately pled case, ESPN reported . U.S. District Judge Susan Richard Nelson, however, was not entirely convinced.
“In opposition, Plaintiffs argue that they properly alleged that the NHL concealed information about long-term neurodegenerative risks in the face of a duty to disclose,” Nelson wrote.
“Plaintiffs have plausibly alleged that they may not have been aware that they had suffered an injury — or the possibility of injury — while they were playing in the NHL,” she added, via Time .
Nelson ultimately ruled that the league's arguments for dismissal were inadequate.
“The Court finds each of these arguments insufficient to warrant dismissal because: (1) it is not clear from the face of the Master Complaint that Plaintiffs' claims are untimely; (2) Plaintiffs' claims are adequately pled; and (3) it is not possible on the present record to determine which jurisdictions' laws apply to Plaintiffs' medical monitoring claim,” Nelson wrote, according to court documents obtained by ESPN.
The league additionally attempted to have the lawsuit thrown out under the condition that claims made by players were regulated by the collective bargaining agreement. Nelson has yet to rule on this particular motion.
“We are pleased the Court has confirmed the validity of our claims and found the NHL's arguments insufficient to warrant dismissal of this case,” the plaintiffs' attorneys said in a statement. “It is time for the NHL to be held accountable for deliberately ignoring and concealing the risks of repeated head impacts, and finally provide security and care to retired players whom the league has depended on for its success.”
In response to the outcome, NHL deputy commissioner Bill Daly released a statement, saying, “While we would have hoped for a different result on this motion, we understand that the case is at a relatively early stage, and there will be ample opportunity for us to establish our defenses as the discovery process progresses.”