Court of Appeals Issues Mandate Dismissing All Concussion Claims Against WWE, Denies Appeals

WWE is finally, truly and officially cleared of all the lawsuits filed against them over concussions and CTE. PWInsider reports that the US Court of Appeals for the Second Circuit issued a mandate on October 22nd dismissing all claims and appeals against WWE over the seven cases consolidated into one regarding suits filed by Billy Jack Haynes; the estate of Nelson Frazier Jr. (Viscera); Russ McCullough, Ryan Sakoda, and Matthew Wiese (Luther Reigns); Vito LoGrasso and Evan Singleton; and several others that were represented by Konstantine Kyros.

The ruling goes into a lot of details on the history of the case and notes the reason for each dismissal of the claims and appeals, which range from jurisdictional issues and failure to state claims to lack of plausibility. The dismissals include the massive suit filed in 2016 by fifty former WWE talents, which alleged that WWE concealed the risk that concussive blows to the head could cause permanent degenerative neurological conditions. The ruling notes that “We agree with the district court that the complaint in Laurinaitis contained no plausible allegations that WWE fraudulently concealed any causes of action from its wrestlers” and thus they affirmed the decision to dismiss that suit.

The mandate also says that they are dismissing Kyros’ appeal of Rule 37 and Rule 11 sanctions, agreeing with the district court’s assessment that the case was “characterized by [Kyros’] repeated failures to comply with the clear and unambiguous provisions of the Federal Rules of Civil Procedures and this Court’s repeated instructions and admonitions, which has resulted in a considerable waste of the Court’s and the Defendants’ time and resources.” The amount to be awarded has not yet been determined.

You can read the full order at the link.