s past decertification in order to bring forw

Fotografie všeho druhu

s past decertification in order to bring forw

Příspěvekod lw789 » pát 10. srp 2018 6:59:39

ST. PAUL, Minn. - The NHLs motion to dismiss a class-action lawsuit brought by former players over concussion-related injuries was heard in court Thursday, and the federal judge assigned to the case said she saw legal strength in the arguments from both sides.I think its a very close call, to be honest, U.S. District Judge Susan Richard Nelson said, near the end of the five-hour hearing.Nelson didnt make a ruling. She gave no timetable for her decision.The former players have been seeking unspecified financial damages and NHL-funded medical monitoring for neurological disorders, alleging the league had the knowledge and resources to better prevent head trauma, failed to properly warn players of such risks and promoted violent play that led to their injuries.The case is similar to that of the former NFL players who received at least $765 million through a tentative settlement to cover nearly 20,000 players over 65 years.This combination of several lawsuits by more than 200 former NHL players was formally filed in October. As a class-action complaint, the litigation effectively covers the estimated 5,000 living former NHL players. Dan LaCouture, Michael Peluso, Gary Leeman, Bernie Nicholls, David Christian and Reed Larson are the former players serving as six class representatives.Attorneys for the NHL made two arguments for dismissal of the lawsuit: pre-emption and statute of limitations. The gist is that the leagues collective bargaining agreement with the players should pre-empt the claim, subjecting the dispute to the National Labor Relations Board, and that a tort claim such as this cannot be made past the six-year window for raising them.Lawyers for the players countered that the CBA no longer applies to retired players, who didnt know at the time of their injuries how they would eventually affect them.In making the point for dismissal on the statute of limitations, NHL attorney John Beisner referred to expansive details on concussion-related trouble for the players that took up significant space in the original complaint. The leagues argument is that the players cant pick and choose by claiming post-career injuries without alluding to the long-ago dates those first hits to the head occurred.What is the aha event here that starts the clock running again? Beisner said.In arguing against the statute of limitations for the players and their claims, attorney Mark Bradford said the issue isnt simply about concussions that occurred immediately after hits to the head on the ice. Its about permanent neurological problems that arose later, he said.The lawsuit blames the NHL for taking no action to reduce the number and severity of concussions during a study period from 1997 to 2004. The penalty for targeting a players head wasnt instituted until 2010.The leagues argument to that is the information on head trauma is available to the public. It wrote previously that players should have been able to put two and two together to realize the risks. Bradford argued for the players that the message, then, is they should have double-checked the NHLs work in the concussions study.NHL attorney Joseph Baumgarten argued for the CBA precedence. If players suffered a concussion during their careers, Baumgarten said, they were covered then by the CBA even though retirees arent. No examination of the league-player relationship, he said, can take place without recognizing the CBA.Stephen Grygiel, an attorney for the players, argued that retirees have no post-career leverage in negotiating CBA terms. Since brain injuries came to light later, coverage of their concussions by the CBA was moot.They could not go to the union then or seek representation for a claim they didnt know they had, Grygiel said.Nelson was the judge who temporarily lifted the NFL lockout in 2011, ruling against that league.She asked the most questions Thursday regarding the dispute about whether or not the CBA should take precedence in this case. At one point, when Baumgarten referred to the NFL Players Associations past decertification in order to bring forward a class-action lawsuit, Nelson said, I know a little bit about that. Calvin de Haan Jersey . Villa has already confirmed his short-term deal and the Daily Mirror reported early Tuesday that Lampard will join him as both build up match fitness ahead of moves to the new Major League Soccer franchise New York City. Matt Martin Jersey . -- The Seattle Seahawks and wide receiver Sidney Rice have agreed to terms on a deal. http://www.authentichockeyshopislanders ... ers+jersey. The 42-ranked Czech saved seven break points while converting his one chance, and defeated the No. 3 seed in 1 hour 46 minutes. Rosol, who lost in the final in Stuttgart against Roberto Bautista Agut on Sunday, awaits the winner between Philipp Kohlschreiber or 2011 champion Gilles Simon. Casey Cizikas Jersey . The 55th-ranked Istomin saved 11 of 14 break points to win in just over two hours, setting up a second round meeting with Australian Marinko Matosevic. It was the Uzbeks third win in three matches against fifth-seeded Kohlschreiber, the 2007 and 2012 tournament winner. John Tavares Jersey . The best round belonged to Pat Perez. Tiger Woods didnt come close to claiming either Thursday in the Farmers Insurance Open, where the seven-time champion failed to break par in the opening round for first time in his career.Jennifer Jones carried the Canadian womens curling team to the semifinals with a 5-3 victory over the host Russians at the 2014 Sochi Olympics. This win keeps Canada undefeated at 7-0, and could just about wrap up first place in the round-robin stage. The Russian women, led by Anna Sidorova, fell to 3-4, fifth in the standings as of the completion of the match. After stealing the deuce in the fifth end to go up 5-2, Jones played a relentless game. She didnt surrender a single Russsian point over the following three ends, which were all blank.dddddddddddd It wasnt until the ninth end, where Sidorova was finally able to break through and take advantage of the last shot hammer, earning a single. The Russians were forced to concede in the 10th end after Jones ran them out of rocks. Earlier on Saturday, Canada beat Japan 8-6. Canada plays on Sunday against the United States to conclude the round robin (streaming live at cbc.ca/Olympics, 5 a.m. ET) Cheap Chargers Jerseys Cheap Rams Jersey Cheap Dolphins Jerseys Cheap Vikings Jerseys Cheap Patriots Jersey Cheap Saints Jerseys Cheap New York Giants Jerseys Cheap Jets Jerseys Cheap Raiders Jerseys Cheap Eagles Jerseys Cheap Steelers Jerseys Cheap 49ers Jerseys Cheap Seahawks Jerseys Cheap Buccaneers Jerseys Cheap Titans Jerseys Cheap Redskins Jerseys ' ' '
lw789
 
Příspěvky: 435
Registrován: pon 25. čer 2018 9:49:17

Zpět na Fotografie

Kdo je online

Uživatelé procházející toto fórum: Žádní registrovaní uživatelé a 0 návštevníků

cron