Black Widow
10-02-2008, 07:50 PM
source: pwinsider.com
World Wrestling Entertainment filed a motion to dismiss the lawsuit brought against them by former WWE wrestlers Scott Levy, Mike Sanders and Chris Klucarits seeking to reclassify professional wrestlers contracted by the company as employees. The motion, filed yesterday in the United States District Court of Connecticut, was made on the following grounds:
1. Their complaint failed to "state a claim upon which relief can be granted."
2. Their claims were barred by "applicable statues of limitations."
3. Their claims were a "impermissible attempt" to circumvent federal and state tax laws, with WWE claiming "neither [law] grants a private right of action."
4. Their claims are "preempted by the Employee Retirement Income Security Act."
5. Levy, Sanders and Klucarits failed to "exhaust administrative remedies."
6. The trio "lack standing" to assess punitive claims on behalf of other class members (WWE contracted performers).
A response by the attorneys representing the former WWE talents is expected by 10/20, although they can request a motion for more time to draft their response.
World Wrestling Entertainment filed a motion to dismiss the lawsuit brought against them by former WWE wrestlers Scott Levy, Mike Sanders and Chris Klucarits seeking to reclassify professional wrestlers contracted by the company as employees. The motion, filed yesterday in the United States District Court of Connecticut, was made on the following grounds:
1. Their complaint failed to "state a claim upon which relief can be granted."
2. Their claims were barred by "applicable statues of limitations."
3. Their claims were a "impermissible attempt" to circumvent federal and state tax laws, with WWE claiming "neither [law] grants a private right of action."
4. Their claims are "preempted by the Employee Retirement Income Security Act."
5. Levy, Sanders and Klucarits failed to "exhaust administrative remedies."
6. The trio "lack standing" to assess punitive claims on behalf of other class members (WWE contracted performers).
A response by the attorneys representing the former WWE talents is expected by 10/20, although they can request a motion for more time to draft their response.