WWE attorney Jerry McDevitt issues statement on concussion lawsuit
We reported earlier that several former WWE Superstars who claimed in lawsuits WWE failed to protect them from repeated head injuries, are taking their case to the United States Supreme Court.
The WWE responded by saying the lawsuits are without merit and believes the appeals will not succeed.
McDevitt issued the following statement to Thursday night to PWInsider:
“[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.”