Getting Tossed Around: Second Circuit Dismisses Premature Appeal in WWE Concussion Lawsuit
On September 27, 2016, the Second Circuit dismissed a former WWE wrestler’s appeal, reasoning that the appeal needed to wait until he and the other wrestlers suing the WWE handle their claims in district court. The attempted appeal arose out of a lawsuit against the WWE for allegedly hiding the risks of traumatic brain injuries.
Back in May, William Albert Haynes III told the Second Circuit that he had the right to appeal the district court’s dismissal of his claims. Haynes argued that a 2015 Supreme Court decision would allow his appeal to move forward even with outstanding claims in the consolidated cases, but the three-judge panel disagreed, saying that an appeal is warranted after his one remaining fraud claim and the claims in four other similar cases that have been consolidated with his are resolved.
While the majority of the wrestlers’ claims were tossed back in March, the claim of fraud by omission was permitted to continue. The WWE moved to have the remaining claim tossed in early April, but that motion is still pending.