NHL Concussion Litigation: What’s Next After Judge Nelson Rejects The NHL’s First Attempt to Dismiss Lawsuit

April 16, 2015
Sport-in-Law

On March 25, 2015, Judge Susan Nelson denied the NHL’s first motion to dismiss, potentially strengthening the former players’ case. Prior to that decision, on January 8, 2015, Judge Nelson heard arguments from both the NHL and former players in regards to two motions to dismiss: (1) motion to dismiss the Master Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b); and motion to dismiss the Master Complaint based on labor law preemption.

It is very important to note that Judge Nelson’s order only addresses the first motion to dismiss – under Federal Rules of Civil Procedure 12(b)(6) and 9(b) – it does not address the labor preemption argument.

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