Final 12 months the WWE lawsuit over CTE was dismissed, however within the newest growth legal professional Konstantine Kyros, who represents former WWF and WWE stars Billy Jack Haynes, Russ McCullough, Matthew Wiese, Ryan Sakoda, and Nelson Frazier within the case, has filed a petition to the Supreme Courtroom to evaluation the Second Circuit Courtroom of Appeals and their determination to dismiss the swimsuit. PWInsider acquired an announcement from WWE legal professional Jerry McDevitt on the submitting, the try to reverse the Second Circuit determination, and taking it to the Supreme Courtroom, and McDevitt does not assume the Supreme Courtroom will find yourself listening to the case, although even when they did he feels the choice can be upheld. You may learn McDevitt’s full assertion beneath.
“[Konstantine Kyros] has no computerized proper to enchantment to the Supreme Courtroom. He has to ask them to simply accept an enchantment, and that’s what he filed. The big majority of requests are denied, and the Supreme Courtroom sometimes takes circumstances presenting some concern of nationwide import the place the courts within the varied federal circuits differ on some particular concern of federal legislation.
Right here, Kyros is asking the Supreme Courtroom to reverse the Second Circuit determination that he filed an enchantment too late within the circumstances of Billy Jack Haynes, Russ McCullough, Matthew Wiese, Ryan Sakoda and Nelson Frazier.
He isn’t trying to have them hear the dismissals of all the opposite circumstances, which at the moment are over for good. The decrease courts threw these circumstances out on the idea of state legislation, which the Supreme Courtroom wouldn’t contact.
It’s an train in futility, as a result of even the Supreme Courtroom had been to listen to his request and discover that his enchantment on behalf of these 5 was well timed, he would nonetheless lose on the deserves as a result of their claims are all barred by statute of limitations. Briefly, a waste of money and time which we don’t assume will go wherever.
He’ll, nonetheless, must face a sanctions listening to subsequent month on how a lot he has to pay WWE.”
Yow will discover Kyros’ full assertion on the preliminary submitting beneath.
“Kyros Legislation declares that it has filed a Petition for Writ of Certiorari in the USA Supreme Courtroom to evaluation the Second Circuit Courtroom of Appeals determination affirming the dismissal of the category motion lawsuits introduced by former WWE wrestlers for neurological accidents they sustained within the ring.
The circumstances initially introduced by Billy Jack Haynes together with Russ McCullough, Matt Wiese and Ryan Sakoda had been dismissed by the Connecticut Courts in 2016. The wrestlers appealed and had been informed that they had filed too early, and Ordered by Mandate to attend for the ultimate end result in different consolidated circumstances within the District of Connecticut. These circumstances included the Laurinaitis motion by which wrestlers together with Jimmy Snuka, Balls Mahoney and Mr. Fuji had been recognized with Continual Traumatic Encephalopathy (CTE) after their deaths.
As soon as the Laurinaitis case was dismissed in 2018, Haynes and the opposite putative class plaintiffs once more appealed. This time, the Second Circuit dominated the wrestlers had been too late to file their appeals. The Courtroom relied on a 2018 Supreme Courtroom Case Corridor v Corridor determined within the interim which dominated that circumstances consolidated can now be instantly appealed. The Second Circuit utilized the brand new Corridor rule retroactively to disclaim the wrestlers second enchantment. This 2019 Second Circuit ruling per the wrestlers petition successfully created an inconceivable ‘Catch-22’ depriving them of any rights to enchantment or have any significant listening to on the claims they introduced.
The petition additionally seeks evaluation of Cassandra Frazier’s claims concerning the premature dying of long-time WWE wrestler, Nelson Frazier who was equally denied appellate rights underneath the Second Circuit interpretation of Corridor.
The wrestlers search reduction from the US Supreme Courtroom as they’ve been disadvantaged of their basic rights as US Residents, together with their proper to enchantment.”