While concussion litigation against World Wresting Entertainment has been ongoing for years, at the end of March, a Connecticut federal judge dismissed many of the proposed class action claims asserted against the wrestling enterprise. A couple of years ago, several former wrestlers brought suit against WWE alleging that it knew of and concealed the risks associated with brain injuries. However, in deciding WWE’s motion to dismiss, the court pointed out that the wrestlers were “financially compensated to engage in an activity in which physical violence was a known and even purposeful part of the activity.” As a result, the court dismissed several of the claims in ruling that the wrestlers failed to show that WWE acted negligently in regards to risks associated with wrestling.
One of the claims dismissed by the court belonged to former wrestler William Albert Haynes III, also known as Billy Jack. At the beginning of this month, Haynes told the Second Circuit that he has the right to appeal the Connecticut court’s dismissal. WWE, in opposing Haynes, argued that the Second Circuit does not have jurisdiction over the case because the dismissal has not been certified as final and the dismissal of one case in a consolidated class action is not final. In refuting WWE, Haynes cited case law to support the proposition that where consolidation cases still “retain their separate identities,” a dismissal of one case is a final decision.
Whether Haynes’ can appeal the Connecticut court’s decision remains up in the air. But, that is not WWE’s only problem. Although the court dismissed the negligence claims against WWE, the fraud claims brought asserted by the wrestlers over WWE’s awareness of and failure to disclose a link between repeated head injuries and neurological conditions still remain.