Kevin Kelly & Tate Twins Defamation Lawsuit Against AEW Update – Judge Rules for Lawsuit to Be Moved to Arbitration

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. This lawsuit was officially moved to a federal court this past November.

Post Wrestling and Wrestlenomics’ Brandon Thurston reported that Judge Harvey E. Schlesinger ruled on Wednesday in the U.S. District Court for the Middle District of Florida for Kelly and the Tate Twins lawsuit to be moved to private arbitration.

Thurston reported that Schlesinger’s decision is a significant win for AEW who had asked the court to uphold the arbitration clauses in the plaintiff’s talent contracts.

Thurston also reported that Schlesinger also had denied AEW’s motion to dismiss the lawsuit and for the lawsuit to be “administratively closed” which makes the case inactive while arbitration proceeds. The plaintiffs reportedly will be required to update the court on the status of arbitration every 90 days going forward until a settlement deal is reached.

In an official statement given to Post Wrestling, Kelly and the Tate Twins’ lawyer Stephen P. New stated “We look forward to pursuing the plaintiffs’ claims in arbitration.”

In regards for the reason for the court’s decision, Thurston reported that Schlesinger had quoted the arbitration language from the plaintiffs’ talent contracts and describing it as a “classic” delegation provision that requires disputes to be resolved outside of the public court system.

[A]ll disputes between Talent and AEW, including, without limitation, any dispute relating to any matter arising under this Agreement or any dispute concerning the performance, application or interpretation of any provision of this Agreement (including, without limitation, the application of this Section 16 to any dispute), shall be resolved for final, binding, and conclusive arbitration conducted before a single arbitrator in Duval County, Florida and administered by JAMS, Inc. pursuant to its Comprehensive Arbitration Rules and Procedures.

Schlesinger also had stated that this type of clause gives the arbitrator and not the judge the authority to decide key preliminary questions. These questions includes whether the claims in the lawsuit are even eligible for arbitration in the first place.

Thurston reported that Schlesigner had found that the plaintiffs had not sufficiently challenged the issue of whether the dispute had been delegated to arbitration. Schlesigner had ruled against Kelly and the Tate Twins claims that the arbitration clauses and their entire contracts were unconscionable and unenforceable, including the delegation clause. Schlesinger stated that those arguments are “generalized” and insufficient to constitute the kind of specific challenge to the delegation clause that is required.

Thurston reported that Kelly and the Tate Twins may still pursue their claims against AEW, Khan, and Riccaboni in the arbitration forum.