Monday, October 19, 2015

WWE Files New Motions in Concussion Lawsuit

PWInsider reports that WWE filed several motions in the ongoing lawsuit over concussions suffered by former talent on October 16th. The company has been sued by several former stars including Billy Jack Haynes, the familys of Matt “Doink” Osborne and Nelson “Viscera” Frazier and others alleging that the company is responsible for long-term health effects from the many concussions that the talent had sustained over years working for them. WWE had also filed a pre-emptive suit against Blackjack Mulligan, Dynamite Kid, Ivan Koloff and Koko B. Ware, who all had letters sent from their attorneys indicating a possible intent to sue.

The motions filed on Friday served various purposes. The first was targeted at Haynes, who initially sued in his home state of Oregon. The judge in that suit’s case sent it over to Connecticut for jurisdictional reasons but did not rule as to whether the case should fall under Oregon or Connecticut law. WWE’s motion argues that since Haynes didn’t claim that an injury took place in Oregon and WWE’s headquarters (along with many of the defendants) are based in Connecticut, the case should be heard under Connecticut law. The motion further argues that should it be ruled that the claims fall under Connecticut jurisdiction, then the statute of limitations to sue will have run out and the case should be dismissed. Haynes has until October 30th to respond.

The second motion filed by the company is in regard to their attempt to gain sanctions against Konstantine Kyros. Kyros is the lawyer who has filed the majority of the lawsuits on behalf of the former stars. WWE pointed out the suit filed by Osbourne’s children in this motion, noting that it is the latest by Kyros which was filed in one of many different venues instead of Connecticut where it should be according to WWE contracts. The motion says that Kyros also was false in his claim that Osbourne worked for WWE from 1985 through 2008 when that was not the case and has claims that can’t be scientifically proven, such as claiming that Osbourne suffered from CTE when he was not examined for it after passing away.

In addition, the lawyers Blackjack Mulligan, Dynamite Kid, Ivan Koloff and Koko B. Ware have filed a motion asking for WWE’s case against them to be dismissed. They claim that WWE’s argument that their claims are time-barred under existing WWE contracts cannot be correct since three of the four never had such deals. WWE has until November 20th to respond to that motion.

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