Here's a question for you, Valo: How were they able to file this suit in Cook County, given none of the parties seems to be tied there? We have a Canadian player who lived in Minnesota and then New York, the league is incorporated in New York, the Rangers are based out of New York and the Wild out of Minnesota. Unless there is a party I'm missing here, this just seems like shopping for a 'friendly' jurisdiction. How is that allowed?
Here's a question for you, Valo: How were they able to file this suit in Cook County, given none of the parties seems to be tied there? We have a Canadian player who lived in Minnesota and then New York, the league is incorporated in New York, the Rangers are based out of New York and the Wild out of Minnesota. Unless there is a party I'm missing here, this just seems like shopping for a 'friendly' jurisdiction. How is that allowed?
I've been asking myself the same question. The only thing I can come up with is that the NHL has opened itself up to being brought into court in Illinois by operating a franchise within the state. I'm not at all familiar with Illinois civil procedure so that's really nothing more than a guess.
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For those questioning the possibility of a team doctor acting in a very questionable manner here's an example to show that it's not exactly unprecedented.
I've been asking myself the same question. The only thing I can come up with is that the NHL has opened itself up to being brought into court in Illinois by operating a franchise within the state. I'm not at all familiar with Illinois civil procedure so that's really nothing more than a guess.
Forget long arm statutes, would this be an Inspector Gadget statute?
BTW, after reading much of the documentation about the Prenda Law case, especially Judge Wright's Star Trek themed sanction order, I will be most disappointed if the lawyers and judges in this case aren't as interesting!
No disrespect to him but he was a no talent hockey player whose only skill was what they are complaining caused his injuries. I think he took on a high risk job and got compensated adequately for it.
BS lawsuit
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I've been asking myself the same question. The only thing I can come up with is that the NHL has opened itself up to being brought into court in Illinois by operating a franchise within the state. I'm not at all familiar with Illinois civil procedure so that's really nothing more than a guess.
That doesn't make a great deal of sense to me. Under that theory, one could sue McDonalds from virtually any jurisdiction in the US.
No one put a gun to his head to play hockey, with all of the repercussions that come with it. I wonder if his family asked/advised him to stop playing?
I feel this is one of those no blame situations...it's a societal issue, and launching suits isn't going to do anything to improve the way these problems are resolved in the future, and may actually make them worse. Instead, why not focus efforts towards improving awareness of mental health/addiction issues related to the workplace (these issues extend well beyond pro hockey players) and access to programs.
This also brings to mind Paul Ranger - a great example of getting out when necessary and taking care of personal issues.
How were they able to file this suit in Cook County, given none of the parties seems to be tied there? We have a Canadian player who lived in Minnesota and then New York, the league is incorporated in New York, the Rangers are based out of New York and the Wild out of Minnesota. Unless there is a party I'm missing here, this just seems like shopping for a 'friendly' jurisdiction. How is that allowed?
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Originally Posted by valo403
I've been asking myself the same question. The only thing I can come up with is that the NHL has opened itself up to being brought into court in Illinois by operating a franchise within the state. I'm not at all familiar with Illinois civil procedure so that's really nothing more than a guess.
They are allowed to file anywhere but that doesn't mean the venue is proper. I think it's just a case of a Chicago law firm handling this case and they needed to file before the statute of limitations runs out in states like New York. Filing in Illinois tolls the statute of limitations. The Boogaard's lawyers or more likely the NHL can request for a change of venue. I don't think the fact that NHL operates a franchise in Chicago is relevant here.
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Originally Posted by Resolute 14
That doesn't make a great deal of sense to me. Under that theory, one could sue McDonalds from virtually any jurisdiction in the US.
One can indeed sue McDonalds from any jurisdiction in the US, but if the cause of action arose in Illinois and the company is headquartered in Illinois (as is the case for McDonalds), the case will unlikely be heard in say Washington State.
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Coincidence or not, the Boogaard's case against the NHLPA was dismissed recently. Then this suit happened. You also got to ask why Boogaard's estate isn't suing Derek's brother who allegedly supplied Derek with illegal drugs.
Act submitting to jurisdiction--Process. (a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
(1) The transaction of any business within this State;
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(4) Contracting to insure any person, property or risk located within this State at the time of contracting;
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(7) The making or performance of any contract or promise substantially connected with this State;
It's pretty easy to see how the NHL is subject to Illinois jurisdiction based upon that.
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When you do a signature and don't attribute it to anyone, it's yours. - Vulcan
With 12 different doctors prescribing things in 1 season and his family admitting he was also getting pills illegally, this just looks like any other addict out seeking pills.
Let's be honest if Boogard wasn't making 7 figures everyone would have been calling him a junkie.
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