Wrestlenomics is reporting that in a new filing submitted last Monday, Kevin Kelly (real name, Kevin Foote) and the Tate Twins (Brandon and Brent), pushed back against the attempt by AEW to have their lawsuit moved to arbitration.
Stephen P. New, who is the attorney representing both Kelly and the Tate Twins argue that the arbitration clause in their talent contracts, in addition to the rest of their contracts is one-sided and unenforceable.
The report also notes Kelly and the Tate Twins (the plaintiffs), claim they were defamed and misclassified by AEW, among other allegations. The three stated that they were not given a real chance to negotiate arbitration and were not told how expensive it would be, making it nearly impossible for them to challenge AEW in a fair setting.
Wrestlenomics adds that overcoming an arbitration clause is a high legal hurdle. The Grant vs. WWE case is an example. The process requires that a party must show that the clause is procedurally and substantively unconscionable, meaning that it was imposed unfairly and operates in a way that overwhelmingly favors one party.
The contracts for Kelly and the Tate Twins are currently filed under seal, which means that the public can’t access the contracts, but the judge can. New suggests that AEW’s reliance on restrictive contract language, is how the company attempts to protect itself from legal accountability, using arbitration not as a fair dispute resolution, but as a way only to prevent legal challenges from talent.
If AEW wins, the case will then go to private arbitration and will not be open to the public. out of public view. However, it was said that if the judge in this federal case in the Middle District of Florida rules in favor of Kelly and the Tate Twins, it would then make it more difficult for AEW to force arbitration against its talent in future cases, assuming that AEW uses chooses to use similar language across new contracts.
Kevin Kelly’s contract required up to 80 events per year and was entered into an agreement with AEW on June 12, 2023, which was a three-year contract through June 30, 2026. AEW terminated Kelly on March 6, 2024.
Kelly’s lawsuit alleges defamation from Ian Riccaboni and AEW, resulting from Riccaboni making disparaging comments on a discord channel regarding Kelly being involved with QAnon conspiracies. Kelly is seeking monetary damages, claiming that AEW breached his contract and that the situation has made it difficult for him to find work elsewhere.
The Tates entered into agreements with AEW back on August 23, 2023, which required a minimum of 80 events in the first year and a minimum of 100 events in the second year of the contract. Their contracts were set to expire on July 31, 2025, with AEW having the ability to extend the contracts through July 31, 2026. The complaint further states the Tates were terminated on April 6, 2024 “due to budget cuts”, although in media appearances that week, Tony Khan said it was because they no-showed events.