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Court Denies NFL’s Statute of Limitations Argument in Concussion Case Involving Player from the 1950s

(Editor’s Note: What follows is an excerpt from an article that appeared in the March Concussion Litigation Reporter)A New York state trial court has denied the NFL’s motion to dismiss a claim in which the son of a former NFL player, who was diagnosed with chronic traumatic encephalopathy (CTE) after his death, sued the league for fraud and negligence.

The lawsuit was filed by Arthur DeCarlo Jr. after his father, Art DeCarlo, died in 2013.  DeCarlo Jr. alleged in the complaint that the risks associated with repeated head blows have been researched and written about in medical journals for nearly a century. Yet, the NFL “ignored, minimized, disputed and suppressed” such studies linking CTE to football. The “century” reference is important because DeCarlo played football for the defendant from 1953 to 1961.

Specifically, he asserted the following causes of action: “(1) counts one and two-fraudulent concealment and fraud; (2) count three-civil conspiracy; (3) counts four and five-negligence; (4) count six-negligent misrepresentation; (5) counts seven and eight-negligent hiring and retention; and (6) count nine-wrongful death and survival.

The NFL moved to dismiss the complaint, arguing that the claims … (To see the full article, please subscribe at http://concussionpolicyandthelaw.com/subscribe/)

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Table of Contents for the March 2017 Issue of Concussion Litigation Reporter

March 2017, Vol. 5, No. 9

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Articles

Concussion Lawsuit Puts Focus on Tracking Concussed Athletes After They Leave the Playing Field and Engage in Other School Activities; Experts Weigh In

New York State Attorney General Goes After Company that Allegedly Scammed Concussion Victims

Court Denies NFL’s Statute of Limitations Argument in Concussion Case Involving Player from the 1950s

Attorney: Connecticut Concussion Bill Falls Short

Diagnosing a Sports Concussion Remains a Vexing Challenge

Former High School Football Player Sues School District, Others Over Alleged Failure to Follow Concussion Protocol

NHL’s Subpoena Regarding CTE: Valid Production Request or Invasion of Privacy?

Women May Be at Higher Risk for Sports-Related Concussion Than Men

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Concussion Litigation Reporter February Table of Contents

February 2017, Vol. 5, No. 8

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Table of Contents

Michael Peluso v. Calgary Flames et al: Violating Discovery Obligations Has Consequences in Concussion Case

Going Behind the NFL’s Recently-Released Concussion Numbers

Riddell Lashes Out at Plaintiffs’ Firm Over Latest Concussion Lawsuit

Headers Come Under More Scrutiny; Is a Comprehensive Ban in the Future?

Professional Soccer Player’s Amended Concussion Lawsuit Omits Team

World Rugby – Is a Tougher Approach to Head Contact Enough to Tackle the Growing Issue of Concussion?

Conferences Addressing Sports Concussion Coming Up this Spring

Brain Protein Predicts Recovery Time Following Concussion

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