WWE lawyer Jerry McDevitt responds to attempt to resurrect lawsuit to Supreme Court
Longtime WWE attorney Jerry McDevitt has issued a statement on the recent filing by attorney Konstantine Kyros to have one of the WWE concussion lawsuits, which has already been dismissed by lower courts, resurrected and taken to the Supreme Court of the United States.
As noted, the original previously-dismissed lawsuit by more than 50 former WWE wrestlers who claim WWE failed to protect them from repeated head injuries, including concussions that led to long-term brain damage. The plaintiffs in the lawsuit included several WWE Hall of Famers and Legends – the late Road Warrior Animal, Paul Orndorff, Chavo Guerrero Jr., Ahmed Johnson, Dave and Earl Hebner, Sabu, Marty Jannetty, Shane Douglas, the late Jimmy Snuka, the late King Kong Bundy, the late Mr. Fuji, the late Kamala, Barry Darsow, and Heidenreich, among several others. WWE Chairman & CEO Vince McMahon was listed as a defendant in the suit. You can click here for today’s report on Kyros’ recent filing for the Supreme Court, with details on why the case was previously dismissed, Kyros being ordered to pay WWE’s legal costs, and more.
WWE has continued to deny the allegations. A WWE spokesperson told The Star Tribune in Minnesota earlier today that the lawsuits are without merit.
In an update, McDevitt issued a statement to PWInsider this evening and clarified what Kyros filing is for, noting that this is still basically a waste of time and money. McDevitt also confirmed that Kyros has a sanctions hearing next month to determine how much money he has to pay WWE.
You can read McDevitt’s full statement below:
“[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.”
Stay tuned for more.