Judge denies class-actions in ex-NHLer concussion case

ST. PAUL, MINN. — The federal judge overseeing the NHL concussion case on Friday denied class-action status for the former players suing the league over head injuries.

U.S. District Judge Susan Richard Nelson issued her 46-page order, the first significant win for the NHL in a landmark lawsuit that was filed over four years ago. Citing “widespread differences” in state laws about medical monitoring, she said they would “present significant case management difficulties.”

The ex-players sought to create one group of all living former NHL players, and one group of all retired players diagnosed with a neurological disease, disorder or condition. Had they succeeded, more than 5,000 former players would have been allowed to join the case.

The last hearing on the class-action status was held in March in Nelson’s courtroom in St. Paul.

More than 100 former players have added their names to the case. The retirees have accused the NHL of failing to better prevent head trauma or warn players of such risks while promoting violent play that led to their injuries.

An attorney for the players, Charles Zimmerman, said Friday the judge’s ruling was procedural, and that the hundreds of players are prepared to try their cases individually. Zimmerman said it was too soon to know if there would be an appeal.

Nelson previously issued two significant rulings against the league. In 2015, she denied a motion to dismiss the lawsuit on the sufficiency of the allegations. The following year, she rejected a motion to dismiss the case for labour law pre-emption, on the argument that the collective bargaining agreement between the NHL and players supersedes the court.