According to a new report from Post Wrestling, the defendants (AEW) in the complaint filed by Kevin Kelly (Kevin Foote) and Brandon and Brent Tate (Tate Twins), have filed a motion to dismiss the claims and to enforce the arbitration clauses in the contracts with AEW.
Post Wrestling said on Friday, October 11, the representatives for AEW, Tony Khan and Ian Riccaboni released a 40-page response. The suit that was filed this past August by Kelly and the Tates are seeking claims that include declaratory judgment, breach of contract, tortious interference with a contract or business relationship, defamation and false light.
The report also notes the defendants are requesting that the plaintiffs’ claims be dismissed due to an improper venue and to enforce their AEW contracts that call for arbitration. Per the defendants the alternative to arbitration would see the case tried in the U.S. District Court for the Middle District of Florida, Jacksonville Division.
The defendants case argues Kevin Kelly and Ian Riccaboni are residents of Pennsylvania and that the case should be tried in Florida where AEW is headquartered, which is also the location of where Kelly’s and Riccaboni’s contracts were executed. In addition, they argue the plaintiffs agreed to resolve all disputes in Duval County, Florida, and that their contracts state disputes would be resolved in arbitration privately.
Post Wrestling further notes the complaint states that 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.
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.
The Jackson Lewis law firm is representing the defendants (AEW).
Post Wrestling concluded their report noting the defendants are arguing that moving the case to Florida would be beneficial to Riccaboni, due to the potential of incurring greater costs to defend himself:
“Defendant Riccaboni has a strong interest in having this case tried in the Middle District of Florida because of his contractual relationship and defense agreement with Defendant AEW and its counsel. If required to retain his own counsel against Plaintiffs defending against a class action case in federal court, Defendant Riccaboni would incur significant and burdensome expenses. Moreover, because Plaintiffs chose to bootstrap claims against Defendant Riccaboni to their contract-related lawsuit against AEW, Defendant Riccaboni would incur the unnecessary expense of having to pay his own counsel to respond to a 267-paragraph complaint, assert his position in all motion practice conducted throughout the pendency of this action, and defend him through dispositive motions and trial.“