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NHL Players’ Concussion Claims Dismissed, Head to Arbitration

March 29, 2021, 7:35 PM

Retired NHL players’ concussion claims against the league were dismissed, for now, after the Northern District of Illinois held Monday that the players failed to exhaust the grievance and arbitration procedure in the league collective bargaining agreements.

Section 301 of the Labor Management Relations Act preempts the state law claims brought by former players Daniel Carcillo and Nick Boynton because the resolution of the claims requires interpretation of a labor contract, the court said.

And their Section 301 claims fail because the CBAs provide that all disputes “involving the interpretation or application of, or compliance with, any provision of” the ...