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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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January CLR Features Five Original Case Summaries Involving Concussion

January 2017, Vol. 5, No. 7

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

  • Analyzing SCOTUS’ Decision to Pass on Reviewing Challenges to the NFL Concussion Settlement
  • State Court Judge Holds Discovery Can Proceed in Litigation Involving NFL and Its Insurers
  • Scientists Claim They Have Discovered Concussion Biomarker
  • Judge to Reconsider Disability Claim Based on Past Concussions, Which Were Previously Not Considered
  • Judge Blocks Concussed Arena Football Player from Recovery Under Insurance Policy
  • Family of Derek Boogaard Asks Federal Judge to Remove Tort Claims to State Court
  • Contradicting Other Studies, Experts Claim Rest May Not Be the Best Concussion Treatment for Everyone
  • Court Deals Blow to Riddell, Which Sought to Shield Documents in Concussion Case
  • Ohio Appeals Court Overturns Ruling in Schmitz Concussion Case, Citing ‘Discovery Rule’
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A New Lawsuit Seeking NFL Neurocognitive Disability Benefits Highlights the Adverse Impact of Subconcussive Hits Regularly Experienced by Linemen

(Editor’s Note: What follows is an excerpt from a piece written by attorney Richard C. Giller for the November issue of Concussion Litigation Reporter. To see the rest of the story, please subscribe to CLR at http://concussionpolicyandthelaw.com/subscribe/)

By Richard C. Giller, Esq.

Last month, former NFL offensive lineman Darryl Ashmore filed a lawsuit in U.S. District Court for the Southern District Florida against the NFL Player Disability and Neurocognitive Benefit Plan, claiming that the Plan wrongfully denied him benefits solely because he had not traveled to San Antonio, Texas, and to Tampa and Palm Beach Florida over a six day period for medical examination, despite debilitating injuries suffered over the course of his 11-year NFL career.

According to his complaint, Ashmore suffers from “multiple cognitive and mental health conditions” including “encephalopathy, dementia, memory loss, depression, anxiety, and impaired concentration” and it is further alleged that Ashmore’s counsel provided the NFL with a doctor’s letter establishing that Ashmore’s “medical conditions prevent[ed] him from flying and recommended that any examination be conducted by a physician located in Florida.”

The Ashmore case was assigned to Judge Kenneth A. Marra, who was appointed to the bench by President George W. Bush in 2002 which, coincidentally, was the same year that Ashmore retired from the NFL.  The complaint did not include any exhibits and the Plan has not yet filed an answer in the lawsuit.  While the dispute over whether the NFL acted reasonably in scheduling Ashmore’s doctor’s appointments in three different locations and denying Ashmore’s claim for neurocognitive benefits may well resolve itself rather quickly, but the medical issues noted in the complaint highlight …

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