Recently, the court made a ruling on summary judgment motions filed by both NSCA and CrossFit. The rulings are not a final decision about the outcome of the case. Nor do they reflect a decision by the judge, that either CrossFit or NSCA won the case. The judge was asked by both CrossFit and NSCA to decide certain issues in advance of a trial by a jury.
On CrossFit’s motion, the judge decided one issue in CrossFit’s favor: that the injury data reported in the Devor Study was not correct. The judge's ruling was based partially on the NSCA’s erratum, which stated that the injury data should not be considered as part of the article. Some media outlets have misinterpreted this ruling, based on what NSCA believes are mischaracterizations by CrossFit of the ruling. The judge did not rule that the injury data was intentionally fabricated by the authors or that the NSCA knowingly published false data. Rather, the judge’s decision left such issues to be decided at trial. Whether the injury data is false is only one of several elements that CrossFit must prove to win its case at trial.
On the NSCA’s motion, the judge found that the jury – rather than the court – must decide a number of issues related to NSCA’s defenses. However, the NSCA has filed a request to permit an immediate appeal on one important legal issue in the judge's rulings (rather than waiting for a jury trial). The NSCA will vigorously defend itself and remains confident it will prevail.