The NHL successfully moved to have the case removed to federal court in Chicago, which dismissed the suit in 2017 on procedural grounds. Judge Gary Feinerman held that under Minnesota law, a wrongful-death action could only be filed by a court-appointed trustee, which the Boogaards were not, and that deadline had passed before the suit was filed. The Boogaards had also failed to state a claim, and failed to respond in substance to the NHL's arguments that they had. The Seventh Circuit Court of Appeals affirmed that dismissal in May 2018.