WHAT’S HAPPENED SO FAR?
In 2013 the NSCA published a study concluding that CrossFit was dangerous and exaggerated claims of injury. CrossFit knew the study and the underlying data was false, the NSCA didn’t back down so lawyers got involved.
“The NSCA study reported that 16 percent injury rate without the slightest base of evidence. CrossFit Inc. and CrossFit 614, the affiliate where the study’s training occurred, each filed lawsuits to protect themselves from the NSCA’s willingly-published false information.” The Russels
“a notable percentage of our subjects (16%) did not complete the training program and return for follow-up testing. While peer-reviewed evidence of injury rates pertaining to high intensity training programs is sparse, there are emerging reports of increased rates of musculoskeletal and metabolic injury in these programs(1). This may call into question the risk-benefit ratio for such extreme training programs …” NSCA
“The facts are clear: Every relevant subject in the study has sworn to the court that the study’s injury claims were false. The subjects have also all sworn that the authors made their claims without ever asking the subjects their reasons for not completing the study.” The Russells
THE COURT CASE
U.S. District Judge Janis Sammartino declared.
“the NSCA made the false statement in the Devor Study with the intention of disparaging CrossFit.”
“There is plainly sufficient evidence to find willfulness, bad faith, or fault on the part of the NSCA in withholding the recently discovered documents and in lying under oath in the federal proceedings.”
The court is reviewing the NSCA’s servers to see if they failed to disclose anything else and they’ve been ordered to pay CrossFit $73,550.83 for its legal fees.
At this point the suit is proceeding to trial, where in Russell Berger’s words, “the primary issue left for a jury to decide in this case is the amount of damages that the NSCA owes CrossFit.”
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