Well its finally happened. Ten retired players are suing the NHL in a class action lawsuit alleging that the league didnt do enough to protect their brains. Gary Leeman, Rick Vaive, Brad Aitken, Darren Banks, Curt Bennett, Richie Dunn, Warren Holmes, Bob Manno, Blair Stewart and Morris Titanic retained the law firm Silverman Thompson Slutkin & White and filed their lawsuit on Monday. This lawsuit is not a surprise, and most certainly is not a surprise to the NHL. The league is run by lawyers (Gary Bettman and Bill Daly) and its likely they have been anticipating a court action for some time. When I interviewed Bill Daly on my radio show in May of this year, I asked him if the league was concerned about the possibility of a concussion lawsuit like we saw in the NFL. This was his response: "Certainly, were aware of them, and aware of the industry in which we operate. You have to be cognizant of whats going on around you. Im a lawyer by training, so I follow legal developments and certainly thats a legal development...Having said that, I dont think litigation per se can direct your business strategy. I think its similar to what we were talking about before. You have to do what is right. Obviously, we feel there is an obligation on the part of the league office to make the game as safe as it can be without changing the culture of the game. Part of the attractiveness of our sport as an entertainment product is the contact nature of our sport. You dont want to take contact out. At the same time, if you can minimize injuries and make it safer for the players, you try to do that." On to the lawsuit. The key allegation raised by the players is concealment. The players are arguing that the league knew of the long-term neurological impact of repeated headshots and elected not to share that information with the players. By not revealing that information, players did not have an opportunity to make an informed decision about playing in the NHL. So the focal point of this lawsuit has less to do with the players knowing the risk, playing and complaining after the fact. Rather, the pivotal issue is whether the league concealed information. Do the players have a case? That is tough to say since everything turns on the evidence. However, this is not an easy lawsuit for the players. They will have an number of hurdles to overcome. First is the issue of causation. In order to get paid, the plaintiffs like Vaive and Leeman are going to have to show that the brain damage they suffered was caused at the NHL level. On the flip side, the NHL will point out that no one can say for sure what caused a players neurological condition, and even if it was caused by repeated headshots while playing hockey, how much of that damage was sustained while in the NHL and not in places like the AHL, WHL or Europe. So what caused the damage and when it was caused become critically important issues. Leeman played about 660 regular season NHL games. He also played 357 games outside the NHL. Will he be able to make a convincing case that even if the NHL concealed information, his neurological impairment was caused at the NHL level? What kind of chance does Warren Holmes have of proving the NHL caused his damage when he only played 45 regular season NHL games while playing in 737 games outside the league? And what about Morris Titanic, who played just 19 NHL games. The league will also take the position that it didnt conceal any information. Rather, they will argue that there wasnt any conclusive science at the time and they had the same information the players had. Basically, they will say we knew what you knew. That being the case, the league will then maintain that the players were aware of the risk associated with playing hockey based on the science at that time, and agreed to those risks each time they stepped onto the ice. This legal principle is called informed consent (which makes sense since thats a nice way to describe it). The NHL could also argue that this lawsuit doesnt belong in court in the first place, but rather should go to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players could take the position that since this case involves fraud, it properly falls outside of arbitration and within the jurisdiction of the courts. So the bottom line is this: the players will need to provide good evidence showing that the league concealed the harmful impact of repeated headshots. If they dont have that evidence, they will have a very difficult time. On top of that, they will need to deal with the very tricky issue of causation. As far as next steps, it would not be a surprise to see more players join the lawsuit. Indeed, Vaive, Leeman and the other eight plaintiffs will not want to stand alone as there is strength in numbers. They will also look to make splash with a big name player. Ultimately, their goal may be settlement that provides players with some level of monetary relief very much like we saw in the NFL concussion lawsuits. In that case, the sides settled for about $765 million (however, the settlement has not yet been approved by the Court and any player has the option to opt out of the settlement and file his own lawsuit). On the NHL side, the league may look to have the lawsuit kicked out of court on the basis that it doesnt belong in court but rather at arbitration. This lawsuit is just starting and there is still a lot of ground to cover. Stay tuned. Wholesale Orioles Jerseys . Stiverne stopped Chris Arreola in the sixth round Saturday night, claiming the WBC heavyweight title belt vacated by Vitali Klitschko. Orioles Jerseys 2020 . According to a report from the Hamilton Spectator, Infrastructure Ontario has informed the City of Hamilton and the Tiger-Cats the stadium may not be ready by the June 30 deadline. https://www.cheaporioles.com/. Maria Silvia Bastos Marques, president of the EOM (Municipal Olympic Company), will be leaving her post but will remain as an advisor, a city hall statement said Tuesday. Baltimore Orioles Pro Shop . The 27-year-old forward has informed the Leafs that he will be unable to play in Monday nights home game against the Columbus Blue Jackets. Stitched Orioles Jerseys . -- Zach Johnson asked his short-iron approach on the par-4 18th to "Do something right, baby. DETROIT -- If Justin Verlander is beginning to round into form, Detroits starting rotation may indeed be the envy of the rest of baseball. Verlander equaled his longest outing of the season, pitching eight solid innings to lift the Tigers to a 4-2 victory over the Colorado Rockies on Friday night. A day after the AL Central-leading Tigers traded for star left-hander David Price, Verlander allowed two runs and eight hits, striking out five without a walk. "I was getting some big outs when I needed to," Verlander said. "I was able to limit the damage and keep us ahead." The Tigers now have the American Leagues last three Cy Young Award winners -- Verlander, Price and Max Scherzer. The catch is that Verlander (10-9) hasnt pitched particularly well this season, but he lowered his ERA to 4.66 with Fridays effort. Joe Nathan pitched the ninth for his 22nd save in 27 chances, retiring Charlie Blackmon on a flyout with two on to end it. Franklin Morales (5-6) allowed three runs and six hits in six innings. He walked four and struck out two. The Rockies have lost five of six. Colorado right fielder Carlos Gonzalez left the game after aggravating his sprained right ankle making a sliding catch in the fifth. Detroit scored three runs in the fifth, with Rajai Davis two-run single breaking a 0-0 tie. With Verlander pitching well, the Rockies brought the infield in with men on second and third and one out, but Davis single up the middle helped the Tigers to a big inning. "We cant play it safe. Were going to roll the dice," Rockies manager Walt Weiss said. "In some situations with two runners in scoring position, you concede the one run. But in the position were in, were going to go for it. Davis found a hole. Id do it again every time." Ian Kinsler added an RBI double to make it 3-0. Verlander has won 14 straight regular-season decisions against National League teams. He took a shutout into the seventh inning Friday before allowing an RBI single to Wilin Rosario. With men on first and thirdd, Josh Rutledge hit a grounder to third, and Brandon Barnes scored on a close play at the plate.dddddddddddd Verlander then struck out the next two hitters to end the threat, and Victor Martinez gave Detroit an insurance run with an RBI single in the bottom half. Barnes struck out swinging on Verlanders 101st and final pitch. Verlander had thrown eight innings only one other time this season, on April 6 against Baltimore. DEEP FLYBALLS: Verlander was fortunate early on. Left fielder J.D. Martinez reached up and made a catch at the wall on Nolan Arenados flyball in the first. In the second, Davis ran down Drew Stubbs drive near the 420-foot marker in centre. "Its a funny game the way it works," Verlander said. "They hit a few balls hard in the first couple innings, and then in the seventh, they didnt hit hardly any hard, and got like four or five hits that inning." TOUGH LOSS: Colorado has gone nine straight games with its starter allowing three runs or fewer, but Morales was done in by that fifth inning. "All my pitches I was locating," he said. "That fifth inning my good pitches led to groundballs and thats the way it goes. Sometimes you have no luck." TRAINERS ROOM Rockies: Gonzalez slid into the wall while making a terrific catch on Victor Martinezs foul flyball, then limped off the field. He was replaced by Barnes. Right-hander Jordan Lyles (broken left hand) is eligible to come off the disabled list Monday, and Weiss says he could be slotted in to pitch at some point next week. Tigers: Detroit activated left-handed reliever Patrick McCoy from the DL, but he did not pitch. He was sidelined since July 6 because of a pulled right hamstring. UP NEXT Rockies: Left-hander Tyler Matzek (2-5) will start Saturday night against Detroit. He pitched seven scoreless innings in his most recent start, July 26 against Pittsburgh. He also made a relief appearance Tuesday. Tigers: Rick Porcello (12-5) tries for his 13th win, which would match his total for all of 2013. ' ' '