Lieff Cabraser Civil Justice Blog
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New York Court Denies NFL’s Bid to Throw out CTE Injury Lawsuit

As reported by Law360 (subscription), New York Supreme Court Justice Manuel J. Mendez has denied the NFL’s attempt to dismiss a personal injury lawsuit involving the 2013 death from chronic traumatic encephalopathy (CTE) of former football player Arthur DeCarlo, Sr. Among other things, Judge Mendez ruled that the statute of limitations had not passed due to the fact that DeCarlo Sr.’s neurological illness, CTE, was not discoverable until an autopsy was performed after his death.

The wrongful death suit was originally filed in November 2015 by DeCarlo Sr.’s son, Arthur DeCarlo Jr., who sued the NFL for allegedly hiding football’s head trauma risks, claiming fraud, concealment, and negligence.

Lieff Cabraser partner Wendy R. Fleishman, who is representing the DeCarlo family, told Law360 that “the court’s denial of the NFL’s motion to dismiss the case in its entirety is a huge victory for Mr. DeCarlo’s family, and indeed, for other NFL players and their families from the 1950s up to the present day.”

Learn more about NFL concussion injury lawsuits and settlements.