Class Actions: Judge Denies Class Certification In NHL Concussion Lawsuit

In July, the United States District Court for the District of Minnesota denied class certification to a proposed class of retired NHL hockey players who alleged that the NHL knowingly failed to warn them of the potentially harmful effects of the concussive and subconcussive impacts they sustained during their playing careers. The players are seeking medical monitoring for symptoms of neurological disorders.

The court rejected the players' argument that the class could be certified under FRCP 23(b)(2), which permits class actions seeking common injunctive or declaratory relief, because it found that the plaintiffs' medical monitoring remedy was "predominantly monetary in nature," rather than injunctive. The court instead agreed with the NHL that certification must be analyzed under FRCP 23(b)(3), which requires a finding by the court that common questions of law or fact predominate over questions affecting only individual members.