Boogaard v. National Hockey League

Federal 7th Circuit Court
Civil Court
Wrongful Death
Citation
Case Number: 
No. 17-2355
Decision Date: 
May 26, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

In wrongful death action by plaintiffs-representatives of their son-NHL hockey player who died after overdose of opioids, alleging that defendant-hockey league breached its duty under players’ collective bargaining agreement to monitor and curb son’s drug addiction when administering its substance abuse program, Dist. Ct. did not err in dismissing said action, where plaintiffs failed to file response to portion of defendant’s motion to dismiss. Defendant asserted, among other things, in motion to dismiss that plaintiffs had failed to state viable cause of action, and record showed that while plaintiffs had addressed certain aspects of instant motion to dismiss, they had failed to address contention that complaint failed to state viable cause of action. As such,

Dist. Ct.
could properly find that plaintiffs forfeited any argument that their complaint stated viable wrongful death action. Fact that
Dist. Ct.
had also granted motion to dismiss on ground that plaintiffs had addressed did not render instant dismissal on failure to state viable cause of action “mere dictim.”