As noted before, former AEW commentator Kevin Kelly and former AEW and ROH talents The Tate Twins (Brandon & Brent Tate), former The Boys, filed a defamation lawsuit this past September against AEW, AEW CEO Tony Khan, and AEW/ROH commentator Ian Riccaboni. AEW recently requested for the lawsuit to be moved to a federal court.
Wrestlenomics and Post Wrestling’s Brandon Thurston reported that United States District Court for the Eastern District of Pennsylvania Judge Mia R. Perez ruled on Thursday that Kelly and the Tate Twins’ lawsuit against AEW, Khan, and Riccaboni will be moved to a federal court in Florida based on recent court documents.
In her ruling, Perez sided with AEW’s motion to have the lawsuit moved to a federal court in Florida due to that being where AEW is headquartered.
Perez reportedly also ruled in favor of AEW stating that the arbitration clauses in Kelly and the Tate Twins’ contracts are enforceable and rejected arguments from the plaintiffs claiming that they were unfair or unreasonable. In her decision, Perez reportedly cited that most of the contracts, evidence, and witnesses for the case reside in Florida.
Thurston reported that Perez had found that Kelly and the Tate Twins’ claims that the clauses in their contracts did not meet the criteria of them being denied a fair trial. Thurston reported that Kelly and the Tate Twins were not able to convince the judge that the clauses were the result of fraud, violated public policy, or litigation in Florida would have been so inconvenient for the plaintiffs.
In her ruling, Perez wrote:
“The forum selection clauses are standard within the professional wrestling industry, and the contracts were primarily negotiated, executed, and administered from Jacksonville, Florida. Thus, enforcement in Florida would not be so seriously inconvenient as to be unreasonable. Considering the convenience of the parties and the interest of justice, the balance favors transfer to the United States District Court for the Middle District of Florida.”
Thurston reported that besides the ruling against Kelly and Tate Twins changing the court for the case, AEW also had filed a motion to compel arbitration which could force the plaintiffs to resolve their claims privately as per the terms of their contracts. Thurston also reported that both sides have already submitted arguments on the issue of the enforceability of the arbitration clauses.
Thurston also reported that as a result of the case being moved to a new court, a new judge will now decide whether the arbitration clauses in Kelly and the Tate Twins should be enforced.
In a statement to Post Wrestling, Kelly and the Tate Twins’ attorney Stephen New stated “We respect the judge’s decision and look forward to litigating the issues in Florida.”