Sep 28, 2017
NHL says subpoenas for Bettman, others an effort to 'harass'
Subpoenas were issued to commissioner Gary Bettman, deputy commissioner Bill Daly and Maple Leafs general manager Lou Lamoriello ahead of former enforcer Mike Peluso’s workers’ compensation trial.
The National Hockey League is accusing former player Mike Peluso of trying to “create a sideshow” by issuing subpoenas for commissioner Gary Bettman and two other high-ranking NHL executives in advance of Peluso’s upcoming workers’ compensation trial.
In a Sept. 22 filing with a workers’ compensation court in California, NHL lawyer Christopher Stettler wrote that Peluso is trying to “harass” Bettman, NHL deputy commissioner Bill Daly and former New Jersey Devils’ general manager Lou Lamoriello, who now holds the same position with the Toronto Maple Leafs.
Peluso’s lawyer, Shawn Stuckey, on Sept. 8 issued subpoenas for the three NHL officials to be deposed in advance of Peluso’s trial.
Stettler wrote that none of the three has been served and that neither Bettman nor Daly should be required to be questioned because Peluso has never worked for the league. Stettler was given copies of the subpoenas on Sept. 13 during a court hearing.
“Peluso offers no reason why these two officials have any personal knowledge (Let alone “unique or superior” knowledge) regarding the basis for his allegations in this action,” Stettler wrote in his filing, a copy of which was obtained by TSN. “These subpoenas to Bettman and Daly are designed to harass the NHL and gain settlement leverage. The subpoenas should be quashed.
“Peluso’s attempt to pull the NHL into these proceedings is clearly designed to create a sideshow to, and distract from, the weakness of his own claims against Defendants.”
Stuckey wants to ask Bettman and Daly about how teams communicate information to players about injuries, according to his subpoenas. Stuckey also wants to obtain details about the NHL’s drug policies, including record-keeping practices for the distribution of prescription painkillers by NHL team doctors and trainers.
Stuckey also plans to ask Lamoriello whether he reviewed key medical reports related to seizures Peluso suffered following a fight in 1993 that resulted in a concussion.
“Lamoriello was already deposed by Peluso’s attorneys and questioned about Dr. Ruderman’s report,” Stettler wrote in his Sept. 22 filing. “Peluso’s attempt to re-depose Lamoriello is an attempt to misuse the orderly discovery process by avoiding obvious, less intrusive discovery and instead harass a high-ranking club official.”
“Lamoriello has not been served with the subpoena in Canada and this court has no jurisdiction to order this belated deposition subpoena in a foreign country,” he wrote. “Peluso will still have an opportunity to examine Lamoriello a second time to the extent Peluso or the Defendants call Lamoriello to testify at trial.”
Peluso filed his workers' compensation lawsuit in Santa Ana, Calif., five years ago. The former enforcer alleges that he suffered a string of seizures while playing in the NHL. He says the Devils and other teams allowed him to keep playing and fighting on the ice even after he began suffering seizures.
Peluso alleges he is now permanently disabled and he has named four of the five NHL teams he played for – New Jersey, Ottawa, St. Louis and Calgary – and insurance companies including Chubb Ltd., as defendants in the claim.
Peluso told TSN on Sept. 6 that he is determined to proceed to trial after rejecting in late August a $325,000 (U.S.) offer from the defendants to settle his workers’ compensation lawsuit.
Stuckey has said the workers' compensation case would likely proceed to a four-day, open-court trial that would be held in Santa Ana, Calif., likely in late February or early March.