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longtime lead counsel since 1987 and a litigation expenses directly resulting” from the violation in
partner at K&L Gates. question.
Affidavits recently filed by attorneys for WWE “This is not a sweeping sanctions award. It does
show that McDevitt’s hourly charges increased not provide for all bills tangentially related to the
from $815 in 2016, to $835 in 2017, $855 in 2018 sanctions motions,” he said, adding that WWE’s
and $955 in 2020. effort to justify their “unconscionable” fee ap-
The fight over fees comes in the aftermath of plications is “too attenuated from the sanctioned
litigation that commenced in 2014, in which Ky- conduct to warrant granting.”
ros alleged WWE hid the risks of brain injuries Reached for comment Wednesday, McDevitt
from wrestlers, causing star wrestlers including refuted Kyros’ allegations of overbilling. He said
Jimmy “Superfly” Snuka and Harry Masayoshi the Second Court’s forum rule provides for charg-
“Mr. Fuji” Fujiwara to develop chronic traumatic es to legal fees that are in keeping with prevailing
encephalopathy, or CTE. local rates in the jurisdiction.
WWE’s demand for more than half a million in McDevitt claimed the sanctions are necessary
legal fees and costs associated with their applica- to deter Kyros’ “frivolous” conduct in recruiting
tions for attorneys’ fees come from $407,972.44 plaintiffs in high-profile cases to farm out to oth-
billed by K&L Gates and $165,798.00 in fees and er law firms. In an affidavit filed earlier this week
costs billed by co-counsel at Hartford, Connecti- by McDevitt, he claimed Kyros’ history includes
cut-based firm Day Pitney, court records indicate. amassing a “battery of law firms in various states
A Second Circuit Court panel of three judges who signed onto the pleadings to wage massive
issued a decision Sept. 9, 2020, to dismiss Ky- and duplicative litigation against WWE.”
ros’ appeals in favor of WWE. The court award- “Those are kind of the stock allegations he
ed fees and costs totaling $533,926.44, which makes to try to get out of paying sanctions, but
includes $379,440.44 billed by K&L Gates and they don’t have any merit to them,” McDevitt said.
$154,486.00 billed by Day Pitney. These costs The Connecticut Law Tribune reported in Sep-
were compounded following the Second Circuit tember 2020 that court records revealed one of the
Court’s ruling, when WWE’s counsel said the three sanctions was exacted for not following a dis-
entertainment conglomerate has since incurred covery order in the lawsuit filed on behalf of wrestler
an additional $39,884 in legal fees and costs “in Vito “Big Vito” LoGrasso, who claimed extensive
connection with their applications” for attor- neurological damage and deafness from wrestling.
neys’ fees. Two sanctions addressed alleged Rule 11 viola-
In his March 12 opposition to WWE’s appli- tions in a case involving Joseph Laurinaitis, also
cation for attorneys’ fee payments, Kyros said known as “Road Warrior Animal.” They alleged
McDevitt “spent far too much time performing Kyros plagiarized a similar brain-injury lawsuit
basic work, numerous entries exist for nonrecov- against the National Football League.
erable subjects, including research, drafting and Kyros Law announced in February that it has
conferencing over the crime-fraud exception, and filed a Petition for writ of certiorari in the U.S. Su-
over $20,000 for a PowerPoint presentation.” preme Court to review the Second Circuit Court
“These suspicious fees may require audit so the of Appeals decision affirming the dismissal of the
Court can properly discern any appropriate per- class action lawsuits brought by former WWE
centage reduction,” Kyros said. wrestlers for neurological injuries they sustained
In a court filing that called K&L Gates’ fees in the ring.
¦

“suspect,” Kyros argued that awarding WWE
these additional fees for filing the filing of appli- Justin Henry covers business news and trends at
cations for attorneys’ fees is “unjust” and a mis- law firms, with a particular focus on the Pennsyl-
use of Rule 11 sanctions, which call for recovery vania market. Reach him at [email protected] or on
of “all of the reasonable attorney’s fees and other Twitter @jstnhenry87

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