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22.07.2019 08:52
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ST. Jean-Francois Jacques Oilers Jersey . 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. Jujhar Khaira Oilers Jersey . This was one of them. Omar Infante homered and tied a career high with six RBIs to carry the Kansas City Royals over the Baltimore Orioles 9-3 on Sunday. Milan Lucic Oilers Jersey . - Florida State has suspended Jameis Winston for the entire game against Clemson on Saturday, extending its initial punishment of one half after the quarterback made offensive and vulgar comments about female anatomy earlier this week. http://www.hockeyoilersshop.com/kyle-brodziak-jersey/ . That assertion is getting harder and harder to make, especially given the way 23-year-old Danilo Gallinari has been playing this season. Tim Duncan could have easily gone out on top, with his fifth NBA championship trophy under his arm and his health intact just a few months after his 38th birthday. Theres just no way. Duncan is having too much fun with his San Antonio Spurs coaches and teammates, and hes playing too well to call it quits now. Duncan has decided to exercise the option on his contract for 2014-15 and will return next season, a person with knowledge of the decision told The Associated Press on Monday. The person requested anonymity because an official announcement has not been made. As the Spurs beat the two-time defending champion Miami Heat in the NBA Finals earlier this month, Duncan was asked several times about his future, as he has been for the last five or six years. He was noncommittal, saying he would take some time after the season ended to mull his decision. But after Game 5, most of the Spurs said they expected the group to return and now Duncan has reached his decision, which was first reported by Yahoo! Sports. He will make about $10.3 million next season in the final year of a two-year agreement that was drawn up specifically to allow the Spurs the financial flexibility to surround Duncan with top-shelf talent. "He feels a responsibility to his teammates," Spurs coach Gregg Popovich said after the team won the championship. "He enjoys them. He wants to hang around as long as he can while hes useful and while hes having an impact on the game. He takes care of his body. He works out all summer long with a variety of different things, boxing, swimming. Hes very careful about what he puts in his body, so he does everything he can to maintain a level of play. "At some point," Popovich added, "that will stop." But not this year. When Duncan looked around at the Spurs, he saw every reason to come back and try to do just about the only thing the SSpurs havent done during his 17 years there -- win back-to-back titles. Darnell Nurse Jersey. In Popovich he has perhaps the best coach in the game, one who has established a culture of teamwork, success and stability that is unparalleled in the league. In Tony Parker and Manu Ginobili, he has two trusted teammates who have been by his side for years, have sacrificed money, fame and statistics right along with him to build the Spurs organization into the envy of the NBA. And in Finals MVP Kawhi Leonard, Duncan has a young, fresh-faced star on the rise to carry more of the load as the Big Three get older. "With the front office putting the teams together that weve had and us playing smaller roles and our roles changing over the years, and us happy to accept the roles that were in, I feel we can do it until we feel we dont want to do it anymore," Duncan said two weeks ago. Perhaps as important as anything, Duncan is still one of the best big men in the league. He was named first team All-NBA in 2012-13 as he helped the Spurs to the finals, where they lost to the Heat in a heart-breaking seven-game series. This season, Duncan averaged 15.1 points, 9.7 rebounds and 1.9 blocks in just 29.2 minutes per game, playing in a system expertly devised by Popovich to limit the wear and tear on his body. He shot almost 57 per cent in the finals and dismantled Heat star Chris Bosh, who grew up with a Duncan poster on his bedroom wall. "Weve been on our last run for the last five or six years from how everyone wants to put it," Duncan said. "We show up every year, and we try to put together the best teams and the best runs possible because what people say doesnt matter to us. "As I said, as long as we feel were being effective, were going to stay out here and were going to play. We feel like we can be effective, and we have been." ' ' '

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