ta is 4-13 in its last 17 games. ... | Forum

Well its finally happened. Jordan Lukaku Belgium Jersey . Ten retired players are suing the NHL in a class action lawsuit alleging that the league didnt do enough to protect their brains. Gary Leeman, Rick Vaive, Brad Aitken, Darren Banks, Curt Bennett, Richie Dunn, Warren Holmes, Bob Manno, Blair Stewart and Morris Titanic retained the law firm Silverman Thompson Slutkin & White and filed their lawsuit on Monday. This lawsuit is not a surprise, and most certainly is not a surprise to the NHL. The league is run by lawyers (Gary Bettman and Bill Daly) and its likely they have been anticipating a court action for some time. When I interviewed Bill Daly on my radio show in May of this year, I asked him if the league was concerned about the possibility of a concussion lawsuit like we saw in the NFL. This was his response: "Certainly, were aware of them, and aware of the industry in which we operate. You have to be cognizant of whats going on around you. Im a lawyer by training, so I follow legal developments and certainly thats a legal development...Having said that, I dont think litigation per se can direct your business strategy. I think its similar to what we were talking about before. You have to do what is right. Obviously, we feel there is an obligation on the part of the league office to make the game as safe as it can be without changing the culture of the game. Part of the attractiveness of our sport as an entertainment product is the contact nature of our sport. You dont want to take contact out. At the same time, if you can minimize injuries and make it safer for the players, you try to do that." On to the lawsuit. The key allegation raised by the players is concealment. The players are arguing that the league knew of the long-term neurological impact of repeated headshots and elected not to share that information with the players. By not revealing that information, players did not have an opportunity to make an informed decision about playing in the NHL. So the focal point of this lawsuit has less to do with the players knowing the risk, playing and complaining after the fact. Rather, the pivotal issue is whether the league concealed information. Do the players have a case? That is tough to say since everything turns on the evidence. However, this is not an easy lawsuit for the players. They will have an number of hurdles to overcome. First is the issue of causation. In order to get paid, the plaintiffs like Vaive and Leeman are going to have to show that the brain damage they suffered was caused at the NHL level. On the flip side, the NHL will point out that no one can say for sure what caused a players neurological condition, and even if it was caused by repeated headshots while playing hockey, how much of that damage was sustained while in the NHL and not in places like the AHL, WHL or Europe. So what caused the damage and when it was caused become critically important issues. Leeman played about 660 regular season NHL games. He also played 357 games outside the NHL. Will he be able to make a convincing case that even if the NHL concealed information, his neurological impairment was caused at the NHL level? What kind of chance does Warren Holmes have of proving the NHL caused his damage when he only played 45 regular season NHL games while playing in 737 games outside the league? And what about Morris Titanic, who played just 19 NHL games. The league will also take the position that it didnt conceal any information. Rather, they will argue that there wasnt any conclusive science at the time and they had the same information the players had. Basically, they will say we knew what you knew. That being the case, the league will then maintain that the players were aware of the risk associated with playing hockey based on the science at that time, and agreed to those risks each time they stepped onto the ice. This legal principle is called informed consent (which makes sense since thats a nice way to describe it). The NHL could also argue that this lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players could take the position that since this case involves fraud, it properly falls outside of arbitration and within the jurisdiction of the courts. So the bottom line is this: the players will need to provide good evidence showing that the league concealed the harmful impact of repeated headshots. If they dont have that evidence, they will have a very difficult time. On top of that, they will need to deal with the very tricky issue of causation. As far as next steps, it would not be a surprise to see more players join the lawsuit. Indeed, Vaive, Leeman and the other eight plaintiffs will not want to stand alone as there is strength in numbers. They will also look to make splash with a big name player. Ultimately, their goal may be settlement that provides players with some level of monetary relief very much like we saw in the NFL concussion lawsuits. In that case, the sides settled for about $765 million (however, the settlement has not yet been approved by the Court and any player has the option to opt out of the settlement and file his own lawsuit). On the NHL side, the league may look to have the lawsuit kicked out of court on the basis that it doesnt belong in court but rather at arbitration. This lawsuit is just starting and there is still a lot of ground to cover. Stay tuned. Laurent Depoitre Belgium Jersey . It is a cliché dragged out by fans and pundits regularly when discussions take place around which teams are better than others. Jean-Francois Gillet Belgium Jersey . PAUL, Minn. http:///...pean-Belgium-Jersey/ . Louis. To which I would say two things: 1. Where there is smoke, there is or perhaps has been a little fire. Or, in other words, the two teams would appear to have at least spoken. And spoken is defined as one calling the other to inquire, no more, no less.OAKLAND, Calif. -- The plastic that was taped across the lockers in Oaklands clubhouse came down and the champagne that was on ice went back into the cooler. The Athletics will have to wait at least one more day before celebrating a playoff berth. A year after capturing the AL West with a dramatic win on the final day of the regular season, Oakland lowered its magic number to one for clinching a second straight division title, beating the Minnesota Twins 9-1 Saturday behind the pitching of Jarrod Parker and hitting of Alberto Callaspo. "Its something where we know weve got to take care of what we do, and if we win its going to take care of itself," said Parker, who allowed one run and four hits over six innings. "Right now we got to do what we do. We know its right there. If we handle what we do and we win games, its going to happen." The As were prepared just in case it happened Saturday. After Oaklands win, most of the team stayed in the clubhouse to watch the ending of the second-place Texas Rangers game against Kansas City. About 100 fans lingered in the stadium as well, viewing the game on Coliseums two big scoreboards. When the Rangers recorded the final out to keep their slim playoff hopes alive, the celebration was put on hold. Oakland can still clinch at home by beating Minnesota in the series finale on Sunday. "Its the best thing that can happen for any team, not just for us, to qualify in your home city," said As slugger Yoenis Cespedes, who hit his 26th home run of the season in the eighth inning. Callaspo also homered and matched his career high with four hits for Oakland. The As have won 12 of 15 and are 16 of their last 21, opening a season-high 7 1/2-game lead over second-place Texas entering Saturday. "Were swinging the bats well and adding on and hitting home runs and doing a lot of things that we continue to do," Oakland manager Bob Melvin said. http:///...pean-Belgium-Jersey/. "The timing for that seems to be pretty good." Parker (12-7), who may start the As post-season opener, gave up one run and four hits in six innings, allowed only two runners past first and didnt walk a batter for the fifth time this season. He gave up eight runs against the Los Angeles Angels on Sept. 16. Callaspo matched his career highs with four hits and had three RBIs. Kurt Suzuki also homered for the As, and Jed Lowrie had three hits. The game started after a two-hour rain delay. The visiting dugout was flooded and sewage backed up in the As coaches bathroom, the third such incident at the Coliseum this season. The infield was covered by a silver tarp before the game and workers repeatedly had to sweep big puddles of water away. Josmil Pinto homered for Minnesota, 1-5 on its trip. Twins starter Pedro Hernandez (3-2) gave up six runs and eight hits in two innings. "Any mistake you make right now they jump on you," Minnesota manager Ron Gardenhire said. "Its like piranhas with blood in the water. They add on and just keep swinging. Every time we made a mistake they just kill you. They are really getting after it." Callaspos two-out single in the first drove in Lowrie, and the As opened a 6-0 lead with a five-run second. Chris Young had a sacrifice fly, Cespedes a two-run single and Callaspo a two-run homer. Suzuki added a two-run homer in the sixth off Liam Hendricks and Cespedes hit 26th homer in the eighth. NOTES: Minnesota is 4-13 in its last 17 games. ... Oakland CF Coco Crisp was in the original starting lineup, then was scratched due to the lingering rains. ... The Twins have a winning record against every AL West rival this season except vs. Oakland. Cheap Jerseys Wholesale Jerseys Wholesale Jerseys Cheap Jerseys Cheap NFL Jerseys Cheap Jerseys China Wholesale Jerseys ' ' '