Law Firms in Jacksonville FL – WWE Wrestlers Filing Lawsuits Alleging CTE & Concussions
Law firms in Jacksonville FL accept CTE cases. Law firms in Jacksonville FL, like Edwards & Ragatz also don’t shy away from going after big businesses.
WWE wrestlers jumping in on filing lawsuits alleging CTE and concussions and their company having prior knowledge
The issues of concussions and CTE really hit the public when a number of NFL players filed a lawsuit against the NFL over the issue. The NFL ended up settling with the former players for $1 billion. However, a small number of former players are appealing the lawsuit settlement and it might end up going to the Supreme Court, which has delayed the payment of the settlement.
Now concussions and CTE are an issue with the WWE. Recently, several former wrestlers filed suit against the WWE concerning CTE and concussion issues and long-term effects from their time in the WWE. According to the official court documents, there are 51 plaintiffs involved in the WWE lawsuit, some of which are suffering problems since their retirement.
WWE is not willing to budge, calling the lawsuit frivolous. It was New Haven, Connecticut, Judge Vanessa L. Bryant of the United States District Court for the District of Connecticut who ordered that the most recent concussion lawsuit filed against WWE, Laurinaitis v. WWE – which features Road Warrior Animal as the lead plaintiff and also has over 50 former talent on board – to consolidate with all other existing lawsuits against the company. The only two plaintiffs that are left in the existing lawsuit are Evan Singleton and Vito LoGrasso, and the case is officially known as McCullough v. WWE back from when it was consolidated with the lawsuit previously filed by Russ McCullough that has since been dismissed. Additionally, WWE is also seeking to have the WWE Network royalties lawsuit filed by Marcus “Buff” Bagwell and Scott “Raven” Levy consolidated with the other lawsuits as well since, in addition to head injuries, the Laurinaitis v. WWE lawsuit also addresses royalties and legality issues regarding WWE contracts.
Since then, a motion filed on behalf of World Wrestling Entertainment (“WWE”) claims a lawsuit filed against the company “blatantly and shamelessly plagiarizes extensive allegations” from a concussion lawsuit filed against the National Football League. The motion signed by K&L Gates partner Jerry McDevitt asks a federal judge in Connecticut to impose Rule 11 sanctions, Law.com reports. The suit filed on behalf of 53 former wrestlers claimed they had suffered head injuries that created or put them at risk of neurological problems. According to the sanctions motion, the wrestlers’ suit asserted that actions and statements made by the NFL were instead made by World Wrestling Entertainment. The motion alleges that the wrestling lawsuit:
- Copied an assertion in the NFL complaint about studies finding a football player requires significant rest after a concussion, but changed the allegation to claim the studies related to a “football wrestler.”
- Copied the NFL suit allegation that football player Mike Webster “sustained repeated and disabling head impacts while a player for the Steelers” but changed the allegation to claim that Webster was a “wrestler.”
- Copied the allegation that the NFL produced its own scientific research that claimed there was an insufficient or no link between concussions and later-life brain injury, but changed the allegation to assert that the WWE had funded and produced such research.
- Changed an allegation in the NFL complaint about the hiring of “incompetent and unqualified persons” to create indefensible research, but changed it to assert WWE had done so. In reality, WWE never hired anyone to conduct such research, the motion says.
The sanctions motion also claims the wrestlers asserted legal claims that are not even recognized causes of action. One count was for “unconscionable contracts” even though unconscionability is a defense rather than an independent cause of action, the motion states. Another count asserted “accounting and disgorgement” even though it is a remedy rather than a cause of action. Nor is “medical monitoring” an independent cause of action, the motion says. One of the lawyers for the wrestlers, Konstantine Kyros, told Law.com that the wrestlers’ suit “does rely on the NFL case, because the issues and history of the science of head trauma brought to light in the NFL fight lay the groundwork for the legal claims in this case.” He says the WWE lawyers “basically found a few paragraphs in which the word ‘players’ was replaced with the word ‘wrestler, ’ ” but a few typos are not false allegations. The motion for sanctions was filed in a suit filed by Kyros in July. He and co-counsel previously filed five suits that have been transferred to Connecticut federal court; two of them have been dismissed, according to the sanctions motion. A judge in one of the previous cases advised Kyros and co-counsel to “read and get a better grip on the pleading standard” before filing an amended complaint. Law firms in Jacksonville FL such as Edwards & Ragatz provide a thorough understanding of Florida’s pleading standard. The July suit, according to the motion, is “the latest action in a lengthy and abusive litigation campaign against WWE orchestrated and pursued by Mr. Kyros and his co-counsel.” WWE filed a motion to dismiss the suit. The case is Laurinaitis v. World Wrestling Entertainment Inc.
What is interesting is that there is a name that was involved in both the WWE and NFL lawsuit cases: Dr. Bennet Omalu, the man who has brought CTE to mainstream knowledge. Law firms in Jacksonville FL are probably familiar with Will Smith portraying Dr. Omalu in the movie “Concussion”. Not only did Dr. Omalu examine and bring the news of the deceased NFL players’ CTE diagnosis to life, but he also was the man who examined both Chris Benoit and Andrew “Test” Martin (Former WWE players) Dr. Omalu also confirmed the CTE diagnosis in Balls Mahoney and Axl Rotten (Former WWE Players). According to the WWE, they asked the judge in their lawsuit to sanction Dr. Kofler for misconduct because they believe that he leaked the results of Rotten and Mahoney’s CTE diagnosis to the Boston Globe.
As for the WWE lawsuit, they are still trying to get the courts to force the plaintiffs to drop the case. Things might get more positive for the plaintiffs and dark for the company soon because there is a Chris Benoit movie coming out soon that might deal with a lot of the problems in the business, including the rising cases of long-term brain damage and CTE to certain wrestlers. Benoit killed his wife and son before taking his own life in 2007 and he was diagnosed with CTE after his death.
If you or a loved one suffered from any form of medical malpractice or personal injury, allow law firms in Jacksonville FL to provide a free consultation. Contact an esteemed personal attorney at Edwards & Ragatz for a free consultation: (800)366-1609; locally – (904)399-1609; or through our website www.edwardsragatz.com
http://www.abajournal.com/news/article/suit_against_world_wrestling_shamelessly_plagiarizes_from_nfl_concussion_su/?utm_source=dlvr.it&utm_medium=twitter&utm_campaign=abajournal & http://www.wrestlingnewssource.com/news/43833/Major-Update-Regarding-Ongoing-Concussion-Lawsuit-Against-WWE/ & Read more at http://www.inquisitr.com/3626521/wwe-news-ecw-balls-mahoney-axl-rotten-concussion-cte/#QS7Q1sLxbvzyKirV.99