John
10-14-2009, 06:53 AM
The WWE legal team heads into action…
- WWE filed a motion today to dismiss the lawsuit brought against them by Deep South Wrestling and Jody Hamilton. WWE states that Hamilton and DSW "failed to state a claim upon which relief may be granted" and that the 25 page lawsuit filed by Hamilton and DSW was "a misguided attempt to use litigation to lash out against WWE over disappointment with WWE's decision to terminate the parties' business relationship."
- Hamilton states that he and DSW were in complete compliance in their contract, that Hamilton was paid $80,000 annually and that DSW was paid $80,000 annually to provide developmental training for WWE talents and provide a TV outlet.
- Hamilton claims to have set up several events at Six Flags for The American Cancer Society and M.A.A.D.A. for the summer of 2007, with WWE talent set to appear on those events. Days before the events, WWE arrived (4.18.07) at the Deep South facilities to announce that the relationship between WWE and Deep South was finished. The first Six Flags show was set for 4.22.07.
- WWE responded to these claims by stating that, "WWE is not alleged to have done anything, much less anything unlawful" in regards to Hamilton and DSW working with a third party. WWE also claims that the claim is "lacking any basis for liability against WWE".
- Hamilton states that the deal between Deep South and WWE required 90-days notice before severing the deal. He also claims that WWE made every effort to make sure that he did not know about the end of the deal or that they were coming. The claim also says that WWE plans were to remove all personal and computer information without Deep South Staff there. On 4.18.07 WWE arrived and removed wrestling rings, seating, computer hardware, software, and information belonging to DSW. DSW talent were transferred to other developmental systems and told not to have any further dealings with Hamilton or anyone from Deep South. Hamilton is claiming losses of nearly $400,000 due to having to cancel all of the summer bookings, as well as emotional distress. He claims that WWE intended to cause damages to Deep South.
- WWE's response to this was that there were no contracts between WWE and DSW and the wrestlers that WWE could have interfered with and that WWE was aware of any business relationships the wrestlers had with DSW, since WWE assigned the wrestlers there in the first place.
- WWE also tried to have the "emotional distress" claim thrown out, due to Hamilton not filing within the two-year limit as legally required. Hamilton filed two-days after that cut off. WWE stated that the claim, "must be dismissed as a matter of law because even accepting all factual allegations are true for purpose of this motion to dismiss, WWE's alleged actions do not rise to the level of extreme and outrageous conduct necessary".
- WWE closed the motion by stating that the allegations of breach of contract by DSW were "fatally deficient", especially since DSW fails to provide any actual allegations beyond WWE's decision to sever the DSW territory and that Hamilton's claims a breach of contract without "allegations as to any contractual obligation that WWE supposedly breached."
Credit: Pwinsider.com
- WWE filed a motion today to dismiss the lawsuit brought against them by Deep South Wrestling and Jody Hamilton. WWE states that Hamilton and DSW "failed to state a claim upon which relief may be granted" and that the 25 page lawsuit filed by Hamilton and DSW was "a misguided attempt to use litigation to lash out against WWE over disappointment with WWE's decision to terminate the parties' business relationship."
- Hamilton states that he and DSW were in complete compliance in their contract, that Hamilton was paid $80,000 annually and that DSW was paid $80,000 annually to provide developmental training for WWE talents and provide a TV outlet.
- Hamilton claims to have set up several events at Six Flags for The American Cancer Society and M.A.A.D.A. for the summer of 2007, with WWE talent set to appear on those events. Days before the events, WWE arrived (4.18.07) at the Deep South facilities to announce that the relationship between WWE and Deep South was finished. The first Six Flags show was set for 4.22.07.
- WWE responded to these claims by stating that, "WWE is not alleged to have done anything, much less anything unlawful" in regards to Hamilton and DSW working with a third party. WWE also claims that the claim is "lacking any basis for liability against WWE".
- Hamilton states that the deal between Deep South and WWE required 90-days notice before severing the deal. He also claims that WWE made every effort to make sure that he did not know about the end of the deal or that they were coming. The claim also says that WWE plans were to remove all personal and computer information without Deep South Staff there. On 4.18.07 WWE arrived and removed wrestling rings, seating, computer hardware, software, and information belonging to DSW. DSW talent were transferred to other developmental systems and told not to have any further dealings with Hamilton or anyone from Deep South. Hamilton is claiming losses of nearly $400,000 due to having to cancel all of the summer bookings, as well as emotional distress. He claims that WWE intended to cause damages to Deep South.
- WWE's response to this was that there were no contracts between WWE and DSW and the wrestlers that WWE could have interfered with and that WWE was aware of any business relationships the wrestlers had with DSW, since WWE assigned the wrestlers there in the first place.
- WWE also tried to have the "emotional distress" claim thrown out, due to Hamilton not filing within the two-year limit as legally required. Hamilton filed two-days after that cut off. WWE stated that the claim, "must be dismissed as a matter of law because even accepting all factual allegations are true for purpose of this motion to dismiss, WWE's alleged actions do not rise to the level of extreme and outrageous conduct necessary".
- WWE closed the motion by stating that the allegations of breach of contract by DSW were "fatally deficient", especially since DSW fails to provide any actual allegations beyond WWE's decision to sever the DSW territory and that Hamilton's claims a breach of contract without "allegations as to any contractual obligation that WWE supposedly breached."
Credit: Pwinsider.com