Supreme Court declines to hear WWE case, upholding statute of limitations claim
On Monday, the Supreme Court declined to hear a case brought by pro-wrestlers contracted with World Wrestling Entertainment, Inc. (WWE) for failing to protect them from repeated head injuries that later lead to long-lasting brain damage.
The wrestlers in the case claimed that WWE knew of the danger but did not warn the wrestlers of the potential harm the sport could do, such as developing into Chronic Traumatic Encephalopathy (CTE).
The wrestlers in the current case include William “Billy Jack” Haynes, Russ “Big Russ” McCullough, Ryan Sakoda, Matthew “Luther Reigns” Wiese, and the widow of Nelson “viscera” Frazier.
This case is the last of many litigations originally filed six years ago against the company. Several of those lawsuits were dismissed in 2018 by U.S. District Judge Vanessa Bryant who made a final ruling that there was no evidence that WWE knew the sport would lead to long-term injuries, including CTE. Additionally, Bryant ruled that the statute of limitations had passed, especially since many of the 50 plaintiffs of the original lawsuits had not wrestled since the 1980s or 1990s.
When the lawyers representing the wrestlers appealed, the 2nd U.S. Circuit Court of Appeals in New York City dismissed these cases in September 2020, upholding Bryant’s ruling that there was no evidence WWE was aware of the potential danger of repeated head trauma and that the cases were filed too late.
Two of the wrestlers, Jimmy “Superfly” Snuka and Harry Masayoshi Fujiwara “Mr. Fuji,” died in 2017 and 2016, respectively. They were both posthumously diagnosed with CTE.
Chronic Traumatic Encephalopathy (CTE) is a type of brain degeneration that occurs after repeated head traumas. Areas of the brain are thought to waste away and reduce communication between cells. It has recently been linked to sports such as football and ice hockey, and some occupations such as military personnel in war zones.
There are no current methods of diagnosing CTE while a patient is still alive; it can only be diagnosed during an autopsy when studying certain sections of the brain. Symptoms of CTE range from impulsive or suicidal behavior to emotional instability. There are no key symptoms linked to CTE, yet. Additionally, CTE symptoms do not develop immediately after a traumatic head injury, and some experts believe that it takes years or even decades of repeated head injuries before it is developed.
The WWE is a publicly-traded company with headquarters based in Stamford, Connecticut. The company also has offices all over the world including in Dubai, Mexico City, Riyadh, and Tokyo. The company performs over 450 live events every year with nearly 300 exclusive contracts with its wrestlers, often referred to as “Superstars.” A Superstar is an independent contractor with the company whose compensation correlates directly with how much revenue their events generate. The WWE owns the rights to the characters those Superstars portray.
The Superstars performing under contract with the WWE are responsible for securing their own insurance, and the WWE does not cover all the costs associated with injuries associated with their “in-ring” performances.
The WWE addresses the health and wellness of its independent contractors through its Talent Wellness Program. According to WWE’s Corporate website, the Talent Wellness Program has included “mandatory tests of brain function, including memory, processing speed and reaction time” since December 2008. This testing is done through the ImPACT Concussion Management Program and is evaluated by Dr. Mark Lowell, a neuropsychologist and director of the University of Pittsburgh Medical Center Sports Medicine Concussion Program.
Outside of the ImPACT testing, the WWE provides annual seminars on concussions for all talent, referees, producers, and medical personnel. The company claims that they have also modified their training program for their Superstars to reduce unnecessary head injuries by changing the timing and techniques of each maneuver.
In recent years, former players sued the National Football League (NFL) and the National Hockey League (NHL) for failing to prevent and warn players of the potential harm of repeated head trauma. The NFL settled for $1 billion in 2016, and the NHL settled for $18.9 million in 2018. Unlike the NFL and the NHL, however, matches for the WWE involve moves that are scripted and choreographed, which could make the company directly responsible for injuries.
