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First, it was Gary Leeman and friends who filed a concussion class action lawsuit against the NHL. Drew Hutchison Jersey . On Thursday, I broke the story that a second concussion lawsuit was filed against the NHL. A copy of the lawsuit can be found here. There are nine plaintiffs in this latest lawsuit against the league: Dan LaCouture, Dan Keczmer, Jack Carlson, Richard Brennan, Brad Maxwell, Michael Peluso, Tom Younghans, Allan Rourke and Scott Bailey. These are not household or brand names, and for casual fans, the only recognizable names may be Peluso, and to a lesser extent, LaCouture. The lawsuit alleges fraudulent concealment. In particular, the players complain that the league knew of the long-term neurological impact of repeated headshots and elected not to share that information with the players. By not revealing that information, players did not have an opportunity to make an informed decision about playing in the NHL. As was the case with the over 200 NFL concussion lawsuits filed, concealment is a critical component of this lawsuit. The players are also alleging that the NHL was negligent in the way it handled the welfare of players. The lawsuit states that the NHL fostered and promoted a culture of violence with a view to generating revenue. In doing so, the league failed to institute reasonable safeguards and protocols to protect its players from head trauma. By failing to protect the players from the risks and consequences of headshots, the league failed to discharge a legal duty owed to its players. Like concussion lawsuits generally, this one faces challenges. The first is causation. In order to get paid, the plaintiffs are going to have to show that the brain damage they suffered was caused at the NHL level. On the flip side, the NHL will point out that no one can say for sure what caused a players neurological condition, and even if it was caused by repeated headshots while playing hockey, how much of that damage was sustained while in the NHL and not in places like the AHL, CHL or Europe. So what caused the damage and when it was caused become critically important issues. Brennan played 50 NHL games, while Rourke and Bailey played 55 and 19 NHL games respectively. With so few NHL games played, its going to be tough for these plaintiffs to show that the NHL is responsible for their brain damage. As well, Peluso played 458 NHL games. He also played over 250 games outside the NHL during his professional career. Can you say definitively that the damage was sustained at the NHL level? Not easy. The league will also take the position that it didnt conceal any information. They will say that there wasnt any conclusive science at the time and they had the same information the players had. Basically, they will say we knew what you knew. That being the case, the league will then maintain that the players were aware of the risk associated with playing hockey based on the science at that time, and agreed to those risks each time they stepped onto the ice. This legal principle is called informed consent. The NHL could also maintain that this lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players would take the position that since this case involves fraud, it properly falls outside of arbitration and within the jurisdiction of the courts. So the bottom line is this: the players will need to provide good evidence showing that the league concealed the harmful impact of repeated headshots. If they dont have that evidence, they will have a very difficult time. On top of that, they will need to deal with the very tricky issue of causation. The way the lawsuit itself was drafted is a bit unusual. It provides that Gordie Howe is dead (hes not) and misspells Sidney Crosbys name (Sydney). It also makes reference to movies, including Gladiator, Youngblood and Friday the 13th. This is atypical. The lawsuit also relies on the concussion history of other players as support for the position that the game inflicts permanent neurological damage. In part, the lawyers point to players like Marc Savard, Nick Kypreos, Geoff Courtnall, Petr Svoboda, Keith Primeau, Pat LaFontaine, Tony Granato and Paul Kariya as having suffered long-term damage. However, this doesnt necessarily belong in this type of document. It looks more like evidence that needs to be presented at trial. So the lawsuit is perhaps atypical in the way it was drafted. From a legal standpoint, these inaccuracies may not ultimately hurt the merits of the lawsuit. These things can be corrected. However, it may undermine the credibility of the claims being made. As well, and perhaps more importantly, the whole idea with a class action lawsuit is to recruit other players. Its possible that other players may not feel entirely comfortable with this particular lawsuit given the oversights in the document. Still, there is time to right the ship and this lawsuit has some good lawyers associated with it. As far as next steps, the NHL will do what the NFL has done in the past: go to court and ask a judge to punt this lawsuit. Assuming the lawsuit is not dismissed, we are still years away from a resolution. One more thing: while this is the second NHL concussion lawsuit filed to date, it likely wont be the last. Expect to see more of them filed. Josh Donaldson Jersey . Ontario Superior Court Case Management Master Ronald Dash released the decision on Monday, saying John McCaw Jr. must testify in front of a jury by live video conference. Moores lawyer, Tim Danson, asked the court to compel McCaw - who is based in Seattle - to testify in the case back on February 27. Dalton Pompey Blue Jays Jersey . The Brazilian heads into Saturday afternoons race coming off a close runner-up finish to Ryan Hunter-Reay in the Indianapolis 500. http://www.teambluejaysprostore.us/Tony-Sanchez-blue-jays-jersey/ . The 19-year-old Swiss centre back will initially have to impress in Uniteds reserve side to earn a spot in the first team. Veseli says "Manchester United has a long history of younger players coming through and hopefully I can follow and do the same.(SportsNetwork.com) - The struggling Philadelphia Flyers will try to get their offense on track Wednesday when they visit the Detroit Red Wings for a clash at Joe Louis Arena. The Flyers have lost five of their last six games, and were held to less than four goals in each of those setbacks. Philadelphia has managed only six goals over its past four tilts and four of those tallies came in Saturdays win against Columbus. Philly was shut out for the second time in four games on Monday, losing a 1-0 shootout decision against the New York Islanders. Steve Mason was the main reason the Flyers werent handed a regulation loss at Nassau Coliseum, as the goaltender kept Philly in the game with a strong performance. The Isles outshot the visitors by a 46-21 margin, but Mason stopped all 46 shots sent his way to record his first shutout of the season in a losing effort. We had a good scout on them and knew what to expect, said Mason. They were as good as advertised. New York was able to get to Mason in the shootout, scoring twice over the three rounds. Frans Nielsen put the first puck past either goaltender with New Yorks second chance, as he buried a wrister past Mason. After Jaroslav Halak turned aside an attempt by Philadelphias Claude Giroux, John Tavares then sealed the victory as he went back and forth before lifting a backhand into the right corner of the net. The Flyers have lost five straight on the road and are just 2-6-1 as the guest this season. Philadelphias last away win was back on Oct. 22, when it recorded a 5-3 triumph in Pittsburgh. Philly has done well against the Red Wings recently, winning three straight and four of the past five meetings in this series. That includes a 4-2 home win over Detroit on Oct. 25 when Ray Emery made 35 saves to anchhor a Flyers victory. Kevin Pillar Jersey. The Flyers and Red Wings have split the last four encounters in the Motor City. but Philadelphia has a dismal 2-15-1 record with two ties in the past 20 meetings at the Joe. Detroit improved to 7-2-2 at home this season following Mondays close victory over the Ottawa Senators. Stephen Weiss keyed the victory with his best performance in a Red Wings uniform, scoring a pair of goals to help the Red Wings hold on for the 4-3 regulation win over the Sens. The Red Wings had high hopes for Weiss when they signed him to a five-year, $24.5 million deal in the summer of 2013, but things have not gone as planned. The veteran centerman missed much of last season due to a sports hernia and only recorded two goals and two assists in 26 games. Mondays game was only Weiss second tilt this season and first since Oct. 18. He began 2014-15 as a healthy scratch and then suffered a groin injury in his first game of the season. After a recent conditioning stint in the AHL, however, Weiss was able to break into the lineup on Monday when he doubled his career goal total with the Wings. It felt good to be in the lineup and it was nice to get a couple of goals, said Weiss. Gustav Nyquist and Riley Sheahan each had a goal for the Red Wings, while Jimmy Howard stopped 23 shots in the win. The Red Wings, who have won three of their last four games, could get Pavel Datsyuk back on the ice tonight. The star forward has missed the last four games and six of eight tilts overall due to a groin injury. Datsyuk did practice on Tuesday and is questionable for tonights contest. Detroits Brendan Smith is expected to miss a fourth straight game after injuring his hand in last weeks fight with Nick Foligno of the Columbus Blue Jackets. Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys Cheap Jerseys ' ' '


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