Robbins Geller Defeats NHL’s Motion to Dismiss Concussion Lawsuit
On March 25, 2015, District Court Judge Susan Richard Nelson denied defendant’s motion to dismiss the complaint in a concussion lawsuit against the National Hockey League (“NHL”). The complaint, filed on October 20, 2014, alleges that the NHL is responsible for the effects of brain injuries caused by concussive and sub-concussive impacts during plaintiffs’ professional careers. The plaintiffs, six former NHL players, also allege that the NHL actively and purposefully concealed these damages.
In denying the motion to dismiss in its entirety, Judge Nelson found that the plaintiffs “have sufficiently alleged that the NHL took affirmative actions to conceal the dangers of concussions, sub-concussive impacts, and head trauma; that the NHL was silent when confronted with a duty to disclose such information; and that the fact that some information is publicly available does not foreclose a finding of concealment. Accordingly, the NHL’s Motion also must be denied at this stage of the proceedings because Plaintiffs have alleged facts which, construed in a light most favorable to Plaintiffs, warrant equitable tolling based on the doctrine of fraudulent concealment.”
“We are pleased the court has confirmed the validity of our claims and found the NHL’s arguments insufficient to warrant dismissal of this case. It is time for the NHL to be held accountable for ignoring and concealing the risks of repeated head impacts, and finally provide security and care to retired players whom the League has depended on for its success,” commented Robbins Geller partner Stuart A. Davidson, plaintiffs’ co-lead counsel on the case.
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