Thursday, July 28, 2016

WWE Gets Partial Win in Brain Injury Countersuit Motion

– WWE scored a partial victory in their countersuit involving the brain injury lawsuit brought against them by Evan Singleton, Vito LoGrasso and others. The company filed a motion of reconsideration regarding the countersuit, in which WWE filed a pre-emptive suit asking the court to time bar potential claims by Blackjack Mulligan, Dynamite Kid, Koko B. Ware and Ivan Koloff — along with several “John Does” — after their lawyer, Konstantine Kyros, sent letters to the company notifying of intent to sue. WWE had argued that Kyros was improperly soliciting former wrestlers to sue the company and that the cases should be brought into Connecticut where they are barred by the statute of limitations. Kyros is now representing fifty-three former wrestlers in a similar lawsuit.

The court’s opinion agreed with WWE and not the argument from the talent involved, who argued that merely threatening a lawsuit left open the possibility that would not sue, and thus “did not institute litigation, nor . . . provide

 sufficient immediacy and reality to warrant the issuance of a declaratory judgment.”
WWE had also asked for expedited discovery to determine who else Kyros had lined up to sue — the “John Does” — but that motion was denied.

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