Federal Court Dismisses Ex-WWE Wrestlers' CTE Lawsuit
A judge rules that WWE bears no responsibility for the long-term health issues of its talent.
For years, former WWE wrestlers have accused the company of failing to sufficiently protect them against the long-term health repercussions of their in-ring practices, including brain damage, but have failed to find much success in litigation against the company. As of this week, history seems to be repeating itself.
According to a story published by Associated Press, the 2nd U.S. Circuit Court of Appeals dismissed a lawsuit by 50 different former professional wrestlers for WWE/WWF against their former employer. Among the plaintiffs were Jimmy Snuka, Road Warrior Animal, Paul Orndorff, King Kong Bundy, and Mr. Fuji.
Bundy passed away last year of an undisclosed illness, and Snuka and Fuji both passed away in 2016 and 2017 respectively. According to their lawyers were diagnosed with chronic traumatic encephalopathy (CTE), an illness brought on by repeat head trauma that has been found in the brains of athletes who suffered regular concussions, including pro wrestlers and gridiron football players. The lawsuit also alleges other diagnosed illnesses among the plaintiffs.
The lawsuit, filed by Massachusetts attorney Konstantine Kyros, several parties at WWE including Vince McMahon, as having been aware of the risks head trauma posed to their talent, but deliberately choosing to withhold that information to the talents' detriment. Because professional wrestling is a scripted performance art with match outcomes and moves predetermined by the promoting company, they are therefore directly responsible for any injuries that arise as a result, the suit said.
U.S. District Judge Vanessa Bryant stated in her ruling that the suit didn't provide any evidence that WWE was aware of the risks.
For readers that may be feeling a sense of deja vu, this lawsuit is not the first of several that have brought against WWE, or ruled on by Judge Bryant. A previous suit, litigated by the same lawyer, was filed in 2018 and similarly dismissed. In that previous ruling, Bryant "criticized Kyros for repeatedly failing to comply with court rules and orders and ordered him to pay WWE’s legal fees, which could total hundreds of thousands of dollars."
Kyros was quoted in the article as admonishing Bryant's ruling, saying her decision was "utterly devoid of any original reasoning or engagement with the legal issues raised in the wrestlers’ appeal." He also insinuated its long-term implications and detrimental towards other potential plaintiffs:
"In its conclusory assertions the injured wrestlers find no justice having been literally denied a day in court. Per this mandate wrestlers have no rights, no rights to bring a lawsuit, no rights to help from WWE for CTE & head injuries, no rights as misclassified employees, no rights to a jury, and ironically no right to even appeal."
Professional sports leagues like the National Football League and the National Hockey League have faced similar lawsuits in recent years, and in both cases have settled with plaintiffs for millions or even billions of dollars.