(Editor’s Note: What follows is a brief excerpt from an article that appeared in the January Concussion Litigation Reporter. To read the full story, please subscribe.)
In late December, the National Hockey League claimed in court papers that the recent decision by a federal judge from the Northern District of California (Dent et al. v. NFL), which is summarized in this issue, supports its argument that a claim made by several former players that the NHL was negligent for failing to warn them about the damaging effects of concussion should be dismissed.
In Dent, the court dismissed a lawsuit brought by former NFL Hall of Famer Richard Dent and other players, who claimed that the NFL was negligent for failing the insure that prescription drugs were appropriately administered at the club level by athletic trainers and physicians. That court found that the Collective Bargaining Agreement (CBA) between the NFL and its players’ union was controlling. In short, the players union had agreed that such a responsibility rested with the teams, not the league.