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October 1, 2008

WWE files Motion to Dismiss the Scott Levy, et al v. WWE lawsuit

PWInsider.com is reporting that tha WWE has filed a motion to dismiss the lawsuit filed against them by Mike Sanders, Scott Levy, and Chris Kanyon which seeks to have wrestlers classified as employees, not independent contractors. Here are more details:

*Their complaint failed to "state a claim upon which relief can be granted."

*Their claims were barred by "applicable statues of limitations."

*Their claims were a "impermissible attempt" to circumvent federal and state tax laws, with WWE claiming "neither [law] grants a private right of action."

*Their claims are "preempted by the Employee Retirement Income Security Act."

*Levy, Sanders and Klucarits failed to "exhaust administrative remedies."

*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 October 20th, although they can request a motion for more time to draft their response.


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