Category Archives: Litigation

Concussed Football Player Sues School District After Coach Tells Him to ‘Man Up’ Among Stories in Latest Concussion Litigation Reporter

Concussion Litigation Reporter, November 2019, Vol. 8, No. 5

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

Concussed High School Football Player Sues School District After Coach Allegedly Tells Him to ‘Man Up’ and ‘Get Back Out There’

Brain Injury from Concussion May Linger Longer than One Year After Return to Play

NFHS Sparks Controversy With Position Paper Claiming No Linkage Between CTE and Playing High School Football

Mets Fan Sues Team After Getting Hit in the Head by a T-shirt Fired from a T-shirt and Suffering Concussion

Doctor and Co-Founder of Tulane’s Center of Sport Talks Concussions

WWE Challenges Lawsuit Brought by Former Wrestlers

Chronic Traumatic Encephalopathy: Basic Issues to Consider in Traumatic Brain Injury Litigation

Study Finds No Link Between Youth Contact Sports and Cognitive, Mental Health Problems

Federal Trade Commission Sues Dallas-Based Maker of Brain Health Supplements, Citing Deceptive Claims

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Montgomery McCracken Launches Sports Medicine Law Newsletter

Montgomery McCracken is pleased to announce that the firm has partnered with Hackney Publications to launch Sports Medicine and Law, a complete source for news, case summaries, articles, and strategies concerning sports medicine and the law, whether they arise at the professional, collegiate, high school, and amateur levels. Members of Montgomery McCracken’s Sports Injury Practice, including partner Steven Pachman and associates Dylan Henry and Kim Sachs, will serve as editors. Sports Medicine and Law is provided free to members of the sports industry, and readers can subscribe here.

Montgomery McCracken’s Sports Injury practice defends and advises colleges, universities, and high schools, medical professionals (physicians, athletic trainers, and nurse practitioners), coaches, and organizations on a national basis since 2005 in traumatic brain injury (TBI) cases, with a focus on concussion, second impact syndrome, and chronic traumatic encephalopathy (CTE).

Pachman is a partner in Montgomery McCracken’s Litigation Department. His practice concentrates on the defense of TBI cases, and representing individuals and school systems in catastrophic sports injury matters arising out of alleged premature return-to-play decisions and other negligence theories in the sports’ context. His representations include a number of high-profile, nationally-publicized concussion and other TBI cases against NCAA member colleges and universities, high schools, and school personnel, including athletic trainers, coaches, physicians, and nurse practitioners. These cases involve catastrophically-injured football players and other athletes who allegedly sustained prior concussions and second impact syndrome as well as players diagnosed with CTE following a post-mortem autopsy of the brain. Pachman also regularly advises school officials and attorneys, risk managers, athletic departments and their staff, and health care professionals on institutional liability issues concerning sport-related concussions, second impact syndrome, and other sport-related injuries.

Pachman is a frequent speaker on legal matters concerning the proper management of sport-related concussions and other sport-related injuries and has authored a number of articles on the topics of how to minimize the risk of legal liability for sport-related injuries and defend against lawsuits arising out of catastrophic sport-related events. Pachman is regularly quoted by national media, including ESPN, The New York Times, The Washington Post, and CBS Sports, and has guest lectured at colleges and law schools, including the University of Michigan, the University of Oklahoma, the University of North Carolina at Chapel Hill, the University of Maryland, Villanova University, and Virginia Tech. Additionally, he has presented before the NCAA, the Big 10, the Big 12, the Ivy League, the National Athletic Trainers’ Association, the College Athletic Trainers’ Society, and the American Academy of Neurology.

Henry is an associate in Montgomery McCracken’s Litigation Department. He focuses his practice on commercial litigation. Dylan counsels individuals, school systems, and organizations on catastrophic sports injury matters, the proper management of sport-related concussions and other sport-related injuries, and TBI matters. He frequently presents and has authored articles on these legal issues and how these individuals and institutions can minimize their risk of legal liability for sport-related injuries and defend against lawsuits arising out of sport-related events.

Sachs is an associate in Montgomery McCracken’s Litigation Department and recently joined the firm’s Sports Injury practice.

About Montgomery McCracken

Montgomery McCracken is a full-service law firm with offices in Pennsylvania, New York, New Jersey and Delaware. The firm represents leading businesses, multinational corporations, nonprofit organizations and individuals across a wide range of industries in complex litigation matters, significant corporate transactions and challenging disputes. For more information about Montgomery McCracken or its practice areas, please visit us online at www.mmwr.com or on Twitter at @MMWR_Law.

About Hackney Publications

Hackney Publications delivers valuable and important information about the legal side of the sports industry. Its overriding mission, through its publications, is to maintain a narrow editorial focus on issues that matter to its subscribers. The company was founded by journalist Holt Hackney, who has spent more than 30 years writing about sports, business and the law. Besides SFL, Hackney Publications also produces Legal Issues in College Athletics, Sports Litigation Alert, Journal of NCAA Compliance, Legal Issues in High School Athletics, Concussion Litigation Reporter, and Professional Sports and the Law.

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Wilson Elser Sponsors Concussion Defense Reporter, Bringing New Perspective to Concussion Litigation

National law firm Wilson Elser (www.wilsonelser.com) announced today its sponsorship of Concussion Defense Reporter (CDR), a free newsletter produced by Hackney Publications, the nation’s leading publisher of sports law periodicals.

CDR (https://www.concussiondefensereporter.com/) will shed light on the defense of concussion lawsuits, an area that often gets overlooked because of the tragic circumstances associated with some plaintiffs.

“There are a lot of good organizations that care about participants in their sport and the risk of brain injury,” said Tony Corleto, a partner and leader of the Sports Concussion defense practice group at the firm. “They train and educate coaches and athletes to play safer and minimize risk. At the same time, they face an onslaught of frivolous lawsuits. We believe it is important to highlight this kind of litigation and how we build a successful defense based on medical and scientific evidence.”

Wilson Elser has been at the forefront in advising clients and defending leading sports organizations and product manufacturers in sports concussion cases.

CDR subscriptions are complimentary. To subscribe to the quarterly electronic newsletter, visit: https://www.concussiondefensereporter.com/

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