Saturday, August 13, 2016

Update on Lawsuits Against the WWE

WWE’s lawyers have filed a motion in response to the class-action lawsuit filed on behalf of fifty-three former WWE employees in regard to brain injuries suffered while working for the company. PWInsider reports that WWE has filed a motion asking for an emergency hearing on the lawsuit, asking that the United States District of Connecticut provide “close management” of the lawsuit due to the actions of plaintiff’s lawyer Konstantine Kyros in other lawsuits he has filed against the company.

WWE pointed out in the motion that Kyros was reprimanded in court by another judge, Vanessa Bryant, in regard to other lawsuits he filed in regard to concussions. The previous lawsuits involved Billy Jack haynes, Ryan Sakoda, Russ McCullough and Luther Reigns and were all dismissed, while Vito LoGrasso and Evan Singleton’s cases are partially proceeding in relation to their time with the company following the Wellness Policy’s creation. The company said they are preparing a motion asking for the case to be transferred to Bryant’s jurisdiction as she has been overseeing the other lawsuits. WWE says this will prevent the need to go back over ground that was already covered in the past lawsuits.

The company also argued that Kyros is trying to bring back issues that were dismissed in the other cases, noting that the contract of the late Nelson Frazier Jr. was used an exhibit in the new suit. Bryant is currently writing her opinions on Frazier’s lawsuit, which she had yet to rule on, as well as that of Matt “Doink” Borne.

WWE lawyer Jerry McDevitt has issued a statement in regard to the lawsuit filed by Marcus “Buff” Bagwell over WWE Network royalties that Bagwell claims he is due. In the lawsuit, Bagwell says that language in his WCW contract was merged with his brief WWE contract in 2001 and grants him royalties over home video and PPV content stemming from “technology not yet created” at the time, which he says the WWE Network qualifies as.

McDevitt told PWInsider in the statement, “Since the first purported class action case was brought on behalf of Billy Jack Haynes almost two years ago, this pack of class action lawyers have filed by my count 14 different complaints or amended complaints. All of them have been full of patently false allegations, and none of them have gone anywhere. They haven’t got a penny, and the judge is in the process of deciding whether to throw other ones out. Bagwell’s lawsuit is much the same. It is based on clearly false facts, and would embarrass a first year law student because of the ignorance of basic contract law principles. Bagwell was never promised a penny by anybody for the use of WCW archival footage. Not by Turner and not by WWE, and he knows it. Like I did before with [Rene] Dupree’s bad faith lawsuit, I will be demanding they withdraw this latest suit next week. If they don’t, we will move to dismiss, ask for sanctions, and seek to recover counsel fees from Bagwell.”

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