dro Alvarez had three hits. Jon Ja

dro Alvarez had three hits. Jon Ja

Gửi bàigửi bởi lw789 » Thứ 4 13/06/18 16:39

In mid-December, a U.S. federal judge dismissed a lawsuit filed by more than 1,000 former NFL players who sued the league, saying its teams haphazardly gave players addictive painkillers. The judge in that case said the collective bargaining agreement between the league and its players was the appropriate way to resolve the dispute. Days later, the NHL is hoping to rely on that NFL victory. In court papers filed in Minnesota court and obtained by TSN, the NHL has argued that a lawsuit filed by its own players should be dismissed for similar reasons as was the NFL case. In the NFL case, former players such as Hall of Fame defensive end Richard Dent said the NFL and its teams, doctors and trainers had withheld information about injuries and issued prescription painkillers without considering the long-term effects. But a judge dismissed the case, although it might still be appealed, saying players should go to arbitration as their CBA dictates. Cash awards in arbitration cases are typically much lower than court judgments. The NHL hopes to convince a judge overseeing its own case that its CBA with the players details the proper protocol that should be followed. Just last week, the court in Dent vs NFL dismissed the claims of retired players that the NFL had negligently allowed them to be over-treated with painkillers, the NHL said in its court filing. In evaluating any possible negligence by the NFL…, it would be necessary to take into account what the NFL has affirmatively done to address the problem, not just what it has not done. The court noted the many steps the NFL had taken to address the issue of player medical care by imposing on clubs detailed provisions in numerous collective bargaining agreements, the NHL said. Although there was no CBA provision that specifically call(ed) out the prescribing of drugs and painkillers, provisions related to player health and safety generally were critical to the analysis because the proper administration of drugs can reasonably be deemed to fall under these more general protections. The NHLs collectively bargained agreements address player safety and health through provisions governing medical treatment for injured players, return-to-play determinations, workers compensation coverage and end-of-season physicals, the NHL wrote. Moreover, unlike in Dent and the other NFL cases, the NHL has had (since 1997) a detailed collectively-bargained framework covering the subject matter underlying the negligence-based claims - the evaluation and management of concussions. In the initial lawsuit filed in November 2013, players contended that the NHL did not do enough to protect them from head injuries before creating a committee to study head trauma in 1997. Even after that, the players charge the committees findings were not adequately shared with the players. The 40-some NHL players - the most prominent of whom include former Red Wings star Joe Murphy, one-time Toronto Maple Leaf Gary Leeman and former Los Angeles Kings star Bernie Nicholls - filed the suit after a group of nearly 4,500 former NFL players reached a settlement with the NFL over similar concussion-related complaints. The NHL players claims have not been proven in court. The league earlier said that players who were forced to retire early because of concussions and other head injuries ought to have been able to put two and two together, thanks to a number of newspaper and magazine stories and other news reports. The NHL has reiterated the claim that former players have waited too long to file for damages and have long been represented by a sophisticated players union charged by federal law to advance their welfare. When a plaintiff is aware of an injury and its cause, he is charged with knowing publicly available information that could be revealed through a reasonable search, particularly where the issue has been discussed in the press and medical studies are accessible through Internet searches, the NHL said. Plaintiffs contend that they had no burden to investigate because they relied on the NHLs allegedly superior ability to interpret medical studies, the NHL said. But courts have squarely rejected arguments, like this one, based on a plaintiffs alleged educational disadvantage relative to the defendant - even in cases involving a trust relationship between the parties (which is absent here.) William Carvalho Portugal Jersey . -- Pinch-runner Rajai Daviss decision to steal third base just as Oakland catcher Derek Norris was throwing the ball back to the pitcher caught most everyone by surprise -- including several of his Detroit teammates. Ruben Dias Jersey . 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PITTSBURGH -- Trevor Rosenthal didnt panic and neither did his manager, Mike Matheny. Rosenthal, the St. Louis Cardinals closer, got into a major ninth-inning jam, allowed the Pittsburgh Pirates to draw within a run and then load the bases with none out. It seemed the Pirates, who lead the major leagues with five walkoff victories, were on the verge of doing it again. However, Rosenthal escaped the jam for his 10th save and Shelby Miller won his fourth straight start as the Cardinals held on for a 6-5 win Sunday night. "That felt like a walk-off win right there," Matheny said with a relieved smile. "That was beyond impressive what Trevor was able to do there at the end to get it back together. Thats why he is pitching at the end of games." Rosenthal survived an RBI single by Andrew McCutchen to notch his 10th save as the Cardinals avoided their first three-game losing streak of the season. He got Ike Davis to foul out for the first out then induced Jordy Mercer to hit into a 1-2-3 double play to end it. "I just wanted to throw a fastball low in the zone and either get him to hit it on the ground or strike out," Rosenthal said. "It couldnt have worked out any better, though Im sure the rest of the guys in this clubhouse wish I could have got the job done sooner." Allen Craig and Yadier Molina had two hits each, including RBI singles in a four-run first inning. Craig went 5-for-11 in the three-game series after entering with a .202 batting average. Molina was 0-for-12 in his previous four games. "Hopefully, this is a spark," Matheny said. "Weve been looking for that thing that can get us clicking." Miller (5-2) walked four and allowed four hits in 5 1-3 innings, but held the Pirates to just two runs -- which came on Mercers first home run of the season in the fourth inning. "I didnt have much but I gave it what I got and fortunately it was enough to help us get a win," Miller said.dddddddddddd Charlie Morton (0-5) was charged with only one earned run of the four he allowed over six innings but remained winless since Sept. 2, a span of 14 starts. He also fell to 2-10 in his career against the Cardinals. "I just tried to get back out there and put up zeroes after that first inning," Morton said. "We kept chipping away and we almost pulled it out but I cant give up four runs there, especially in the first inning. It put us in a bad spot from the start." Pittsburghs Pedro Alvarez had three hits. Jon Jay also has two hits for St. Louis as did Tony Sanchez for the Pirates, whose season-best four-game winning streak ended. Mark Ellis also had an RBI single in the first inning for St. Louis and Craig added a sacrifice fly. NOTES: McCutchen returned to the lineup after missing Saturdays game with soreness in his left ankle. ... Pittsburgh LF Starling Marte was not in the lineup because of lower back tightness, which caused him to leave Saturday nights game in the fourth inning. ... Pirates RF Travis Snider batted leadoff after missing the previous two games while serving a suspension from Major League Baseball for his actions April 20 in a benches-clearing brawl with the Milwaukee Brewers. ... Bourjos, who started the previous four games, did not start because of a cut on his right wrist that came as a result of getting spiked Saturday night while attempting to break up a double play. However, he entered the game in the game in the seventh inning as a defensive replacement. ... The Cardinals host the Chicago Cubs on Monday night in the opener of a four-game series with LHP Tyler Lyons (0-2, 3.45) facing LHP Travis Wood (2-4, 4.75). ... The Pirates are off Monday then begin a three-game series Tuesday night at Milwaukee. 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