Kemo
05-01-2023, 09:32 PM
:wm38:
The legal dispute between WWE and a fan who attended WrestleMania 38 will either go to arbitration or not depending on the filings presented later this week.
Marvin Jackson is suing WWE after suffering damage to his hearing following attending WrestleMania 38 in April 2022. Jackson claims that he was an "invitee" at the two-night event and that the use of pyrotechnics severely damaged his hearing and his quality of life. WWE has previously filed a motion asking that the situation be moved to arbitration, while Jackson has asked the court to deny the motion.
PW Insider reports that the court has told both sides to submit supplemental material by Friday arguing for their requests regarding arbitration. WWE's argument is that when purchasing tickets, fans have to click to accept several terms, including a motion for lawsuits to be settled in arbitration. Jackson has countered by saying that his nephew received the tickets and therefore he did not agree to any terms and conditions laid out by the promotion.
In a brief, WWE argued how a separate court case that involved a cruise line was settled in the company's favor. In that suit, the claimant argued that she never entered into an agreement with them because her daughter had made the bookings and checked her in. In his filing, Jackson argues that even if WWE meets the burden of proof for arbitration, he has "put forth sufficient evidence to create genuine disputes of material fact as to both: (1) his notice of the arbitration agreement; and (2) Jackson being considered a third party beneficiary." The court has yet to make a decision.
The legal dispute between WWE and a fan who attended WrestleMania 38 will either go to arbitration or not depending on the filings presented later this week.
Marvin Jackson is suing WWE after suffering damage to his hearing following attending WrestleMania 38 in April 2022. Jackson claims that he was an "invitee" at the two-night event and that the use of pyrotechnics severely damaged his hearing and his quality of life. WWE has previously filed a motion asking that the situation be moved to arbitration, while Jackson has asked the court to deny the motion.
PW Insider reports that the court has told both sides to submit supplemental material by Friday arguing for their requests regarding arbitration. WWE's argument is that when purchasing tickets, fans have to click to accept several terms, including a motion for lawsuits to be settled in arbitration. Jackson has countered by saying that his nephew received the tickets and therefore he did not agree to any terms and conditions laid out by the promotion.
In a brief, WWE argued how a separate court case that involved a cruise line was settled in the company's favor. In that suit, the claimant argued that she never entered into an agreement with them because her daughter had made the bookings and checked her in. In his filing, Jackson argues that even if WWE meets the burden of proof for arbitration, he has "put forth sufficient evidence to create genuine disputes of material fact as to both: (1) his notice of the arbitration agreement; and (2) Jackson being considered a third party beneficiary." The court has yet to make a decision.