Ex-NHL Players Ice Appeal of Concussion Class Ruling

Retired National Hockey League players will not appeal denial of class action status for their concussion claims against the league, lead counsel for the players told Bloomberg Law July 25.

“We do not want any further delay in setting cases for trial,” Charles Zimmerman, of Zimmerman Reed in Minneapolis, said. “Players’ claims need resolution and we will do so on a case-by-case basis.”

The decision ramps up the timeline for a trial on substantive issues hotly contested in the litigation, including whether head traumas in the sport cause a degenerative brain disease known as chronic traumatic encephalopathy.

The ex-players say the link between repetitive head traumas and CTE is well established, citing brain studies of deceased pro hockey players. But the league insists a causative link has not been scientifically proven.

The plaintiffs also say the NHL knew about the danger, failed to adequately warn or protect them, and promoted violence in games.

The U.S. District Court for the District of Minnesota ruled July 13 that the cases will proceed individually, not as a class action.

Representation of the players also includes Silverman, Thompson, Slutkin & White, and Robbins Geller Rudman & Dowd. Skadden, Arps, Slate, Meagher & Flom, as well as Faegre Baker Daniels, and Proskauer Rose represent the NHL.

The case is In re Nat’l Hockey League Players’ Concussion Litig., D. Minn., No. 14-md-02551, filed 8/14/14.