To Protect the Public (not Trees) Kyros Mails Judge’s Ruling to Wrestlers

“Further, in order to protect the public, Attorney Kyros is ordered to send by receipted mail delivery a copy of this ruling to his appearing co-counsel and to each of the Laurinaitis plaintiffs….”

This needs no comment. You can see Court documents here:

The Lawsuit Filed by the Wrestlers is Here.

The Judge’s Ruling is Found Here.

Three other related  Court Documents Can Be seen Here:

A) Response to a Show Cause Order Filed by Mr. Kyros Team On Procedural History (Hint: it points to some issues in Judge’s Ruling on Basic Facts: ie Billy Jack Haynes Filed the First Case.)

B) Wrestlers Legal Team Response to WWE First Sanctions Motion (Addresses things like NFL and Typos)

C) Wrestlers Legal Team Response to WWE Second Sanctions Motion (Interesting the Court did not engage with many (any?) of the arguments advanced by the lawyers for the wrestlers in this motion. My mom told me at a tender age, that there are two sides to the story.

Note: A few people have asked about the inclusion of this post in the WWE’s fee application and some alleged communications with Mr. McDevitt who conjures up some half-baked theory that we tried to deceive him with this post by “backdating” it. The entire attack is nonsense, makes no sense and is meaningless. We are glad the WWE hires lawyers that are focused on resolving important issues such as the precise dates, timestamps and sequence of each post of this important blog, rather than address things like CTE and whatnot.

McDevitt Versus Kyros. Media on WWE Lawsuit: War of Words Belies Tragic Plight of Wrestlers

Here are some of the lowlights:

Dan Haar: Angry judge throws out sweeping WWE concussion lawsuit
Connecticut Post 9/19/2018

“Attorney Kyros has offered the Court no reason to believe that if given a fifth, sixth or seventh chance, he would prosecute this case in a manner consistent with the Federal Rules of Civil Procedure,” Bryant wrote Monday. That’s rare language from a judge and on Tuesday, the vitriol from the two sides didn’t stop.

Kyros, reached in his main office in Hingham, Mass., indicated he’d appeal the “truly tragic ruling” to the 2nd U.S. Circuit, and that Bryant missed a main point of his arguments: CTE cases, because they are developing medical conditions, are not subject to the same time limits for filing. “The decision is wrongly decided on a number of factual and legal grounds. The court simply ignored our (statute of limitations) arguments and paid no attention to the 60 detailed personal appeals in affidavits requested by the judge almost a year ago,”

Kyros said in an email Tuesday. “The comments about me personally are inaccurate, and over the top……

Continue Reading here

BloodSport: Tossed WWE Concussion Suit Becomes Triple Threat Match

The triple threat contestants are a federal district court judge, plaintiffs lawyer Konstantine Kyros and K&L Gates litigation partner Jerry McDevitt, a longtime outside lawyer to the WWE.

In reality, the case is turning into something more like a two-on-one against Kyros, who this week was ordered for at least the second time to pay the WWE’s legal fees by U.S. District Judge Vanessa Bryant of the District of Connecticut. Bryant asked a magistrate judge Wednesday to review K&L Gates’ request of nearly $155,000 in legal fees [it was $176,000+ in Vito LoGrasso/Evan Singleton case plus more to come]  it was awarded for work filing a motion for sanctions.

Continue Reading Article Here >>>

No Justice for Jon Heidenreich? Court Cites his Injuries as “Irrelevant Allegations” In Opinion. Read His Affidavit to The Judge

Heart of a Warrior: Read Jon Heidenreich’s Plea to Judge

On September 29, 2017- almost a year ago the Connecticut Federal Court overseeing the wrestlers claims ordered Mr. Kyros and the lawyers representing the wrestlers to get an affidavit from each, writing:” The Court assumes that Attorney Kyros had a good faith belief that the allegations in the Laurinaitis complaint … were true based on interviews with his clients, in which each revealed information about his or her relationship with WWE. Counsel should therefore have no difficulty producing these affidavits within 35 days.” If we did not produce the affidavits the court would dismiss the claims and award sanctions.

Despite the undertone of derision towards Mr. Kyros, and an almost impossible deadline- try getting 60 affidavits from anyone in 35 days never mind from 60 professional wrestlers! BUT finally a chance to talk directly and explain to the Judge that the allegations were real, made in good faith and very important to understand the factual basis of each of the wrestlers legal claims.

The wrestlers all came through and we were able to get all of the affidavits and file them with the Court by near-impossible to meet 35 day deadline! We worked together round the clock all October to get it done!

But last week the court on September 17, 2018 ruled against the wrestlers anyway with little to no mention of the affidavits other than reciting the order to deliver them and confirming that they were submitted.

On page 36 of last week’s order dismissing the lawsuit the court writes: “In addition to these irrelevant allegations*  are numerous others, including a list of physical injuries that have nothing to do with concussions or head trauma, incurred by several Plaintiffs in the ring. [See SAC Paragraph 37 alleging that “Plaintiff Jon Heidenreich sustained serious shoulder injuries requiring multiple surgeries” and that ; Plaintiff Marty Jannetty sustained a severe broken ankle”]

* The other irrelevant allegations the court lists includes: “WWE is a monopoly that earns $500 million annually” “general observations from… a wrestler who is not a party to this lawsuit” [This is Jessie Ventura, you know the former Governor of Minnesota saying such irrelevancies as “Wrestling operated under some of the most unfair working conditions in the country. I don’t know how they got away with it for so many years”  Can anyone reading imagine how they got away with it?] and “WWE does not provide wrestlers with health insurance” Which the court referred to as a non-exhaustive list.

Below is the actual passage from the wrestlers lawsuit, the court calls “irrelevant allegations” and calls “a list of physical injuries that have nothing to do with concussions or head trauma,” As the astute reader will observe the lawsuit drafters appear to have found some examples to illustrate that the plaintiff wrestlers sustained some rather serious injuries some just possibly related to the head while wrestling.

According to an introductory section summarizing the claims at the beginning of the Wrestlers Lawsuit: “Other plaintiffs have documented serious injuries to their head, back, neck and shoulders from their WWE wrestling careers. These permanent injuries are strongly suggestive of past traumatic head injuries and evidence the WWE’s actual past and ongoing notice and awareness of the risk of long-term neurological issues.

I. Plaintiff Terry Brunk twice broke his neck in an ECW matches, and once broke his jaw;

II. Plaintiff Bryan Emmett Clark has had neck and back disc replacements and repair surgeries from injuries sustained in WWE matches;

III. Plaintiff Mark Canterbury sustained fractured C-7 vertebrae in a WWE match;

IV. Plaintiff Salvador Guerrero IV sustained a Subarachnoid hemorrhage in a WWE match. He also sustained an orbital bone fracture to his skull in a WWE match;

V. Plaintiff Barry Darsow sustained cracked vertebrae in a WWE match;

VI. Plaintiff Earl Hebner experienced brain bleeding shortly after being struck in the head with a metal suitcase refereeing a WWE match;

VII. Plaintiff Michael Halac sustained injuries to his cervical spine resulting in neck fusion surgery in a WWE match;

VIII. Plaintiff Jon Heidenreich sustained serious shoulder injuries requiring multiple surgeries from a WWE in-ring injury;

IX. Plaintiff Joe Laurinaitis sustained herniated two discs in his neck in a WWE match;

X. Plaintiff Shane Douglas sustained a fracture in his spine in a WWE event;

XI.  Plaintiff Vickie Otis sustained two cracked vertebrae in a WWE match;

XII. Plaintiff Sylvain Grenier sustained broken vertebrae in a WWE match;

XIII. Plaintiff Terry Szopinksi herniated two discs during his tenure at WWE;

XIV. Plaintiff Marty Jannetty sustained a severe broken ankle in a WWE match;

XV. Plaintiff Ashley Massaro herniated discs in C4 and C5 vertebrae in a WWE event.

These look like irrelevant allegations? “that have nothing to do with concussions or head trauma”!? As the Plaintiffs state these allegations are not irrelevant but go to the heart of the factual dispute in the case- namely what knowledge did WWE have about the long term health risks the plaintiffs would face as well as the more obvious fact that they ran an unsafe, unregulated workplace with no OSHA oversight in violation of labor laws by not providing workers compensation and so forth. Keep walking nothing to see here…

Btw we will have More on the inclusion of Marty’s ankle in another post.

X-Pac Versus Kyros: WWE Calls In Heavy Guns

The photo with Jon Heidenreich in the above post was taken at Legends of the Ring Fan Fest in New Jersey when I drove down to meet some of the wrestlers I already represented. This was rather too much for the WWE, their spies are everywhere! and they trotted out X-Pac to swear out his own weak affidavit in an attempt to discredit Mr. Kyros- the leading advocate for wrestlers legal rights, “I also learned that Mr. Kyros was handing his business card to former WWE wrestlers.” It is an emergency! Get X-Pac involved to stop the wrestlers, they are forming a union! they are talking to lawyers about their legal rights! Learning about CTE! It is a crisis!

Read Mr. Sean Waltman’s Stooge Affidavit by clicking on Image below.

Kyros Was There, It Was Definitely Him

MY FRIENDS: DO NOT DESPAIR. WE ARE APPEALING

Today a single Federal Judge ruled against the 60 wrestlers and their families in the Laurinaitis case, and ignored their many personal appeals in dozens of affidavits filed with the court. We will have more to say soon, but please keep positive and know that we are fighting every day to get help for everyone.  Here is a very brief statement:

“I stand for professional wrestlers who face the prospect of losing their identity and consciousness to the effects of a latent occupational disease that robs them of their sanity, comfort of their families and memories of everything they achieved entertaining the millions of people who love them.

The lawsuits include some of the world’s most famous athletes including those diagnosed with CTE by the world’s foremost expert in CTE, including Jimmy Snuka and Mr. Fuji, whose brains were studied because of our advocacy and dedication to getting help for former WWE performers.

The opinions expressed in today’s decision about my strong advocacy are inaccurate, bizarre and unworthy of the court. The reasoning of the opinion itself is flimsy as the court finds, in ignorance of the facts, that there is no reasonable basis for the assertions, despite a substantial body of medical peer reviewed literature going back almost a hundred years. In any event these are Jury issues as the plaintiffs demonstrated that the WWE knew about the risks of head injuries long before the 2007 date the court invents (see Dr. Omalu’s Quote above). Additionally the WWE misclassified, exploited, injured these people in violation of labor laws and continues to ignore that CTE even exists in professional wrestling. It is a sad ruling, and we trust the wrestlers claims will be better received in the appeals courts. I will continue to fight and advocate for wrestlers’ legal rights despite this tragic opinion that attempts to cast down my clients’ hopes for better lives.”

Sincerely,
Konstantine Kyros

NFL Case. WWE Attorney Jerry McDevitt’s Unusual Outbursts About Kyros’ Representation of NFL Players

After winning this round of the dismissal of the 60 plaintiffs claims in the Laurinatis case, WWE attorney Jerry McDevitt was not cheerful about the outcome, after reading the wrestlers lawyers statement he called for Mr. Kyros to be Disbarred and added this odd quote: “This is the same kind of drivel Kyros pawned off on former wrestlers when soliciting them to sue WWE by false statements that he had obtained a billion dollar settlement for NFL players and would do the same for wrestlers, when in fact he had absolutely nothing to do with getting that settlement,” said McDevitt…. Frankly, he should be disbarred.”

 It is unclear what led Mr. McDevitt to bring up comparisons with the successful outcome in the NFL Settlement. The contrasts between the WWE and NFL treatment of their former athletes would probably be best avoided by Mr. McDevitt. As many of Mr. Kyros’ NFL player clients have already received substantial compensation from settlement payments, and Mr. Kyros WWE wrestlers claims which on their face are much more compelling than the NFL situation, have received zilch. So the optics are not really that great for WWE on this point.

Kyros Law represents hundreds of former NFL players in the NFL settlement, including players diagnosed with CTE, Alzheimer’s, Parkinson’s Disease and ALS. (this is partial list which was an 2015 Notice to the Court of some of the players)

Below is Video of WWE’s Attorney Asking Vito LoGrasso about Mr. Kyros’ Role in the NFL Settlement.  The answer under oath seems to contradict Mr. McDevitt’s: patently false, nonsensical, irrelevant, baseless, inaccurate, frivolous [or simply insert your own synonym] assertions that Mr. Kyros lied to everyone about any role in the NFL settlement.
Here is a screen shot of the ECF docket after Mr. Kyros filed his notice of appearance for 185 of the players.

Suicide Attempts, Murder Suicides, CTE Studies. Court: No Remedy at Law, WWE: Not Really our Concern

Only few days before the Dismissal of the Laurinaitis plaintiffs’ claims, the plaintiffs in the Singleton, Lograsso case filed this response to WWE’s continued attempts to collect $176,000+ dollars against Attorney Kyros for advocating for WWE wrestlers. The WWE’s motion accused Mr. Kyros of committing a “fraud on the court,” “dishonesty,” and “wrongdoing,” and pointed to social media of Evan Singleton bodybuilding and competing in a strongman competition.

Kyros’ Sur- Reply to WWE’s REPLY to Plaintiff’s Response in Opposition to WWE’s Motion for Fees
Read Document here by clicking on text below:

Not Forgotten: Former WWF Enhancement Talent, Don Driggers Wins Disability Hearing

Donald Driggers, a former mid 1980s “enhancement” wrestler who is currently a plaintiff in the pending WWE Laurinaitis Lawsuit recently was awarded disability.  At age 55, it has been determined that Mr. Driggers injuries and health no longer enable him to work. With the help of Kyros Law and his lawyers at Disability Justice LLC ( A Social Security Disability firm in PA), Don has been able to get at least some help to pay bills and get by. According to the pending federal lawsuit by 60 wrestlers, WWE has forgotten its former performers and does nothing to help them despite many long term occupational injuries related to their wrestler careers.

Instead of using a tiny fraction of the hundreds of millions of dollars in annual revenue and profits from the collective effort of the wrestlers who helped build WWE and whose past performances are a large source of ongoing revenue on the WWE network, the company has stated in court documents that it believes the claims in these cases are “frivolous” and resorts to accusing the attorneys, (including Don’s lawyer Konstantine Kyros) representing the wrestlers of “dishonesty” and “wrongdoing,” by filing their claims.

Donald: “I want to thank Mr. Kyros for helping me out, standing up for me, when no one else could or would. I was going through what one might call a mighty rough situation and he came through for me by getting in touch with these folks who got me disability on my first go round. Thank you for thinking of me, I feel that the world had got up and had just about forgotten me.”