A federal appeals court has dismissed a long-gestating lawsuit which had been filed by former WWE wrestlers alleging the company knew the risks of head injuries but didn’t warn them.
The Associated Press reports the 2nd U.S. Circuit Court of Appeals in New York City agreed with a federal judge in Connecticut who threw out the lawsuits years ago, saying many of the claims from 50 ex-WWE stars were frivolous or filed after the statute of limitations had expired.
Wrestlers who were involved in the lawsuit included: Paul Orndorff, Chavo Guerrero Jr., Bryan Clark, Ahmed Johnson, Kamala, Dave Hebner, Earl Hebner, King Kong Bundy, Ken Patera, Sabu, Ax, Barry Darsow, The Berzerker, Shane Douglas, Muhammad Hassan, Henry Godwin, Mark Jindrak, Marty Jannetty, Heidenreich, Mantaur, One Man Gang and the estate of Axl Rotten.
According to the AP, it was determined that there was no evidence WWE knew that concussions or head blows during wrestling matches caused CTE. Several similar lawsuits filed by former wrestlers against the WWE have also now been dismissed.
“In its conclusory assertions the injured wrestlers find no justice having been literally denied a day in court,” attorney Konstantine Kyros said in reaction the dismissal. “Per this mandate wrestlers have no rights, no rights to bring a lawsuit, no rights to help from WWE for CTE & head injuries, no rights as misclassified employees, no rights to a jury, and ironically no right to even appeal!”
WWE attorney Jerry McDevitt responded to this statement from Kyros with one of his own, saying:
First of all, the Second Circuit did not issue any rulings that wrestlers have no rights, no rights to bring lawsuits, no rights to even appeal, or any of the other claptrap stated by Kyros in his email to you. They did hold that he failed to file timely appeals in certain of the cases, and failed to act upon a controlling Supreme Court case. As to the other case, the court did rule on the merits and explained why in very clear terms. An appellate court adopting the reasoning of a skilled trial judge is not a novel thing in our business.
Second, Mr. Kyros engaged in systematic misconduct throughout the case. In the course of six years of litigating against him, at least 10 different federal judges from Washington, California, Pennsylvania, Texas, Tennessee, Connecticut and the Second circuit have ruled against him. He has been sanctioned three times for dishonest behavior, and the trial judge actually took steps to protect the public from him. He still has not learned basic honesty in a requisite of being a trial lawyer.
Third, his caustic comments about three distinguished judges on one of the nation’s foremost appellate courts exemplify what I have been saying for years- this guy has no business practicing law.