The WWE attorney Jerry McDevitt has issued a statement surrounding the attempt to bring a previously dismissed concussion lawsuit to Supreme Court.
WWE attorney Jerry McDevitt has now commented on attorney Konstantine Kyros’ recent filing to have one of WWE’s concussion lawsuits revived and taken to the Supreme Court of the United States.
The lawsuit, previously dismissed by lower courts, saw over 50 former wrestlers claim that WWE failed to protect them from repeated head injuries, including concussions, that led to long-term brain damage.
Plaintiffs included WWE Hall of Fame members and legends. WWE Chairman Vince McMahon was listed as the defendant, with the company continuing to deny these allegations.
McDevitt has recently issued a statement to PWInsider on the matter. Calling Kyros’ motion an exercise in futility, McDevitt noted that Kyros has a sanctions hearing next month on how much he has to pay WWE.
Here is McDevitt’s full statement:
“[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.”
WrestleTalk will continue to provide updates as they emerge.