Sports Law Blog contributor Alan Milstein was interviewed for a story (subscription only) by Greg Ryan in Law360 on Dave Duerson's son, Tregg, suing the NFL and Riddell helmet maker for failing to warn the father about the long-term risks of concussions.Here's an excerpt:
A successful bid by the NFL to keep the case in federal court would “greatly expand preemption and federal question jurisdiction to a degree never contemplated by the legislature or our courts,” Duerson said.For a very good resource on the bevy of lawsuits filed by retired NFL players against the NFL -- the number of retired players who have sued now tops 2,000 -- be sure to check out NFL Concussion Litigation.
Sherman Silverstein LLP shareholder Alan C. Milstein, a sports law expert, predicted Monday that the court would send the suit back to state court. If the case is remanded, it would likely be the first of the concussion suits against the league to go to trial, he said, and could see the courtroom as early as the end of 2012.
“The question for the federal judge is really whether this is something governed by the CBA and is an employee-employer dispute, or whether it is separate and apart from that,” Milstein said.
The fact that the allegations are against the league, rather than the team that employed Duerson's father, could be the deciding factor, according to Milstein.
