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Hackney Publications Launches Opioids and the Law, Raising Awareness About the Impact of the Opioid Crisis on American Indian, Native Hawaiian, and Alaska Native Communities

Hackney Publications announced today that Tate Grossman Kelly & Iaccarino, LLP (https://www.tgkilaw.com/ is sponsoring the newsletter Opioids and the Law, a bi-monthly electronic newsletter, as a way to raise awareness about the impact of the opioid crisis on American Indian, Native Hawaiian, and Alaska Native communities.

Subscriptions are complimentary and can be obtained by visiting: (http://opioidsandthelaw.com/#contact). Subscribers will receive the first issue, which was published last week.

David Grossman, one of the newsletter’s legal editors and a name partner of TGKI, noted that “It is important to inform those entities that have suffered an egregious economic impact from the irresponsible promotion and distribution of Opioids about what is taking place in the ongoing Multi-District Litigation.”

“Some of them have already retained a law firm, but the information coming from the firm is limited,” said Grossman. “Others have not yet retained legal counsel and are weighing whether to participate or not. We want to give them as much information as possible to keep them up to speed and help them make an educated decision.”

Mark Tate, a founding partner and lead litigator of TGKI, added that “time is of the essence” for municipalities, hospitals and Native American communities to decide if they will participate in the MDL.

A determination has already been made that the pharmaceutical companies are liable for damages.” said Tate. “However, the court has wisely afforded a very short period of time for those entities that have suffered economic damages to retain counsel.”

It is the role of Opioids and the Law to make sure these municipalities, hospitals and communities have the best possible understanding of what their options are, in order to make an informed decision.

Holt Hackney of Hackney Publications, who produces 12 legal newsletters, said TGKI is leading the way when it comes to representing these entities.

“Municipalities, hospitals and communities have gravitated to this law firm, which is why we are so excited about the partnership,” said Hackney. “By combining forces with TGKI, we’re able to provide a unique perspective about this pivotal moment in time.”

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Table of Contents from the February Issue of Concussion Litigation Reporter

February 2020, Vol. 8, 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

Posted in College, CTE, Football, General, High School, insurance, Litigation, Other Sports, Outside U.S., Professional, Uncategorized, youth | Comments Off on Table of Contents from the February Issue of Concussion Litigation Reporter

District Court Denies Class Certification in Youth Football CTE Case

By Anthony B. Corleto, Daniel H. Lee, Madison A. Kucker, Ian A. Stewart and Patrick M. Kelly, of Wilson Elser

(Editor’s Note: The following appeared along with 8 other articles in Concussion Litigation Reporter.)

In a significant decision, the U.S. District Court for the Central District of California denied plaintiffs’ motion to certify a class of “All persons who enrolled their minor children in Pop Warner tackle football from 1997 to present.” The plaintiffs in Archie v. Pop Warner, USDC CD CA 2:16-cv-06603, sought class certification for statutory unfair competition (UC) and false advertising (FA) claims, under the California consumer protection statutes.

Archie was brought by the mothers of two former youth football players, each of whom died in their mid-twenties, a decade after they last played youth football; one from a self-inflicted gunshot wound, the other in a motorcycle accident. The mothers sued for money damages and to enjoin advertising that “youth tackle football is safe for minor children.” Front and center in the complaint are allegations that exposure to repetitive contact leads to chronic traumatic encephalopathy (CTE), the disease process found at autopsy of the brains of football players Aaron Hernandez and Junior Seau. The plaintiffs in Archie each claim that their son had CTE as the result of playing youth football. Worth noting, each also played football in high school and one played into college.

Focusing on the “predominance” requirement of Rule 23(b)(3), the court observed that each of the communications offered in support of the UC and FA claims were directed to coaches and other youth sport organizations rather than the public, and that class certification is “only available to those class members who were actually exposed to the business practices at issue.” The communications at issue included a website that went live in 2002, internal administrative materials and a 2012 letter to other national youth sport organizations about a meeting to “preserve the youth sports experience.” Plaintiffs also argued that the requirement to use helmets certified by the National Operating Committee on Standards for Athletic Equipment (NOCSAE) was misleading because Pop Warner failed to disclose that there is not a NOCSAE “youth specific” standard and because the warning label does not expressly call out the risk of “repetitive head trauma.” The court concluded that plaintiffs failed to show that the putative class members were exposed to the alleged misrepresentations, or that they were exposed to the allegedly misleading helmets before enrolling.

The court decided the motion on the papers in advance of the scheduled argument date.

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