November 08, 2018

Jenner & Block Partner Michael J. Nelson is quoted in an article about the implications of an Ohio Supreme Court decision regarding a chronic traumatic encephalopathy, or CTE, claim.  The state’s highest court recently held that a deceased Notre Dame student’s case can move forward.  Notre Dame and the NCAA had argued that the lawsuit, filed in 2014, came long after the two-year statute of limitations period, which they said should have begun after the player’s last football game in 1978.  But the Ohio court found that CTE could be treated as a latent condition that develops long after an initial injury and may not be reasonably discovered until years later.  “I think the likelihood is that we are going to see in the near term, an increase in lawsuits, especially for anyone who can find a way to bring a claim in Ohio,” Mr. Nelson observes.  “The ruling carries extra weight, not just because it’s from a state supreme court, but because of the claim volume it could trigger — it opens the door to a potentially large number of player-plaintiffs going back decades.”  Titled “Ohio Ruling May Open Floodgates for Decades-Old CTE Suits,” the article appeared in Law360.