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The United States Court of Appeals issued a ruling yesterday in New York City in the matter of attorney Konstantine Kyros attempting to appeal sanctions issued against him in regard to the WWE concussion-related lawsuits that were dismissed last year.
The court noted:
"Appellants-Cross-Appellees Konstantine W. Kyros and his law firm, Kyros Law P.C. (together, “Kyros”), appeal from a judgment of the United States District Court for the District of Connecticut imposing sanctions for litigation misconduct under Rules 11 and 37 of the Federal Rules of Civil Procedure. In 2014 and 2015, Kyros brought several lawsuits against Appellees-Cross-Appellants World Wrestling Entertainment, Inc. and Vincent K. McMahon (together, “WWE”).
These cases were initially filed in various jurisdictions across the country but were eventually consolidated in the District of Connecticut. This Court previously affirmed the district court’s dismissal of one of Kyros’s cases against WWE and dismissed the rest for lack of appellate jurisdiction. Kyros also previously challenged orders entered by the district court (Vanessa L. Bryant, Judge) determining that he should be sanctioned under Rules 11 and 37, but we also dismissed that appeal for lack of jurisdiction because the amount of sanctions had not yet been determined.
Subsequently, the district court (Jeffrey A. Meyer, Judge) imposed sanctions against Kyros in the amount of $312,143.55—less than the full amount requested by WWE. Kyros now appeals these final sanctions determinations. On cross-appeal, WWE challenges the district court’s reduction of the requested fee award by application of the “forum rule,” under which a court calculates attorney’s fees with reference to the prevailing hourly rates in the forum in which the court sits.
Finding no abuse of discretion, we AFFIRM the judgment."
Kyros would now be required to pay sanctions worth $312,143.55. WWE had requested $533,926.44.
In their 47-page ruling, the Court decreed:
"The district court did not abuse its discretion by imposing Rule 11 sanctions on Kyros. WWE’s sanctions motions and the district court’s order that reserved ruling on those motions gave abundant notice to Kyros of the repeated pleading deficiencies that risked imposition of sanctions, and he was afforded sufficient opportunity to be heard.
The district court did not abuse its discretion by imposing Rule 37 sanctions on Kyros because Kyros failed to make a good-faith effort to comply with the district court’s order compelling responses to WWE’s interrogatories.
The district court did not abuse its discretion by applying the forum rule to award WWE less than the requested amount of sanctions.
We therefore AFFIRM the judgment of the district court."
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