Tag: lawsuit

Beyond Sport United 2015

NHL ordered to turn over concussion data as part of lawsuit


U.S. Federal Court judge Susan Nelson ordered the NHL to turn over “reams of data about injuries and concussions” as part of an ongoing lawsuit, TSN’s Rick Westhead reports.

Approximately 80 former players are involved in the legal matter.

Here’s what Nelson wrote in her ruling, via Westhead:

“The Court finds that the (NHL’s) blanket application of the physician-patient privilege – protecting all medical data from disclosure – is inapplicable here,” Nelson wrote.

“The clubs are ordered to produce any internal reports, studies, analyses and databases in their possession (whether initiated by the U.S. clubs, NHL, or retained researchers) for the purpose of studying concussions in de-identified form. The U.S. clubs shall produce any responsive correspondence and/or emails between themselves, themselves and the NHL, or with any research or other professional about the study of concussions.”

Players names will not be shared in this process. The NHL reportedly estimates that producing such reams of data could cost about $13.5 million. Commissioner Gary Bettman was deposed for eight hours on Friday regarding the lawsuit, although his testimony is “under seal for now.”

For more, read the full report from Westhead at TSN.

Todd Bertuzzi drops lawsuit against Marc Crawford

Detroit Red Wings v Vancouver Canucks

Todd Bertuzzi’s case against Marc Crawford is no more as Bertuzzi has dropped his third-party lawsuit against him reports David Shoalts of The Globe And Mail. Moore’s case against Bertuzzi still stands and Moore is seeking $38 million in damages thanks to his career being ended because of that incident.

Bertuzzi alleged that he was acting on orders by Crawford to go after Moore on the play that ultimately saw Bertuzzi break Moore’s neck and give him a severe concussion. Crawford, of course, denied this allegation and took no blame for what Bertuzzi did.

The whole case surrounding Moore, Bertuzzi, and that awful night in Vancouver is a black mark against the sport considering how things went down. The fact that it’s taken this long to progress this far is sad. Bertuzzi has moved on since his suspension for that incident to continue his career and keep playing for Florida, Anaheim, Detroit (twice) and Calgary. Moore has not played again since the incident.

Moore’s case against Bertuzzi is finally set to take place in September if Bertuzzi is still playing in the NHL. If not, they’ll go to trial in October.

Mark Bavis’ family settles lawsuit with United Airlines over 9/11


The family of former Los Angeles Kings scout Mark Bavis, who was killed on United Airlines flight 175 that crashed into the World Trade Center on September 11, 2001 has settled their civil case against the airline, but not because they wanted to.

Bavis’ family was suing United Airlines for wrongful death and gross safety negligence leading to Bavis’ death on the doomed flight that also killed his colleague with the Kings Garnet “Ace” Bailey and everyone on board. The family settled their case because of what they feel were changes made to the lead argument in the hearing by the judge. The Bavis’ case was the last one remaining to be settled.

While the final settlement numbers were not made public, the Bavis’ did not go quietly upon settling with United Airlines. Alan Maki of The Globe And Mail shares in detail with the family’s statement upon the conclusion of the case.

“After ten long years, our family has had a change in position regarding the litigation on behalf of our son and brother, Mark. Mark was a passenger aboard United Airlines Flight 175 when it crashed into the World Trade Center. This change is the result of a recent ruling by the Honorable Judge Alvin Hellerstein. With the stroke of his pen, Judge Hellerstein very cleverly changed this lawsuit. The lawsuit was about wrongful death, gross negligence and a complete lack of appreciation for the value of human life.

“He instead made it a case about a federal regulation. He ignored 100 years of aviation law and relied on an environmental case to apply federal preemption. He essentially gutted the case so that the truth about what led to the events of Sept. 11, 2001, would never be told at trial.

“To the families of the 9/11 victims: We can honestly say that our family envisioned a day when you could hear all the evidence, evidence that would provide an important step in moving beyond the events of that day. This process has taken a toll on us that only you could understand. We fought this long for two reasons, because we valued Mark’s life in the time spent together, the shared experiences and the expectation of what life would continue to be. Secondly, the truth as to why this happened so easily should be important. Mark did not have to endure the tragedy that ended his life and neither did your loved ones.”

The rest of their statement can be read at the Globe And Mail’s site.

Considering the loss suffered by the Bavis’ and to all families who lost loved ones on all the flights that were downed by terrorists on 9/11, it’s powerful to see that the Bavis’ held on this long to fight what they feel to be the good fight and to help get to the bottom of how things could go so horribly wrong.

In the days since the 9/11 attacks, airlines have gone above and beyond the call of duty to try and make sure no one can slip through the cracks again and do harm on this or any magnitude again. We can’t expect that the Bavis’ or anyone else’s family can be left feeling good about settling in this manner, but if there’s more out there for the public to know about how airlines could’ve prepared for anything like this or ignored the signs we can hope that one day we’ll be made aware.