WWE’s ongoing legal battle over a massive concussion lawsuit isn’t over yet. Attorney Konstantine Kyros has brought back his concussion lawsuit, that was already dismissed in lower courts, and they’re going to the supreme court.
The lawsuit that includes over 50 former WWE wrestlers claiming the company failed to protect them from repeated head injuries, including concussions was resurrected.
WWE attorney Jerry McDevitt has issued a statement to PW Insider about this lawsuit going to the Supreme Court. The company does not seem very worried that Kyros will be successful in this attempt, calling it “an exercise in futility.”
“[Konstantine Kyros] has no automatic right to appeal to the Supreme Court. He has to ask them to accept an appeal, and that is what he filed. The large majority of requests are denied, and the Supreme Court typically takes cases presenting some issue of national import where the courts in the various federal circuits differ on some specific issue of federal law.
Here, Kyros is asking the Supreme Court to reverse the Second Circuit decision that he filed an appeal too late in the cases of Billy Jack Haynes, Russ McCullough, Matthew Wiese, Ryan Sakoda and Nelson Frazier.
He is not attempting to have them hear the dismissals of all the other cases, which are now over for good. The lower courts threw those cases out on the basis of state law, which the Supreme Court would not touch.
It is an exercise in futility, because even the Supreme Court were to hear his request and find that his appeal on behalf of those five was timely, he would still lose on the merits because their claims are all barred by statute of limitations. In short, a waste of time and money which we don’t think will go anywhere.
He will, however, have to face a sanctions hearing next month on how much he has to pay WWE.”
We will continue monitoring this ongoing story. This situation is not over yet, but WWE doesn’t seem too concerned that it will give them much trouble considering how the lower courts’ decisions have gone their way in the past.