Want more wrestling news, rumors, and results? Be sure to visit PWInsider.com and PWInsiderXtra.com.
Update 5 PM EST - AEW issued the following to Sports Illustrated - "AEW does not comment on pending litigation."
***
Longtime professional wrestling announcer Kevin "Kelly" Foote and The Tate Twins aka Dalton Castle's Boys filed a lawsuit against AEW on 8/30 before The Philadelphia County, Pennsylvania Court of Common Pleas. The lawsuit was first reported by Wrestling News AV.
PWInsider.com has acquired a copy of the 41 page lawsuit, which alleges that The Tate Twins were defamed after they were cut from their Ring of Honor contracts due to company budget cuts, but that AEW and ROH owner Tony Khan claimed stated that they were cut due to no showing events, which the Tate Twins deny is accurate. They alleged they are owed money, including royalties and travel reimbursements and "suffered damages in unspecified amounts for the unpaid compensation and suffered indirect damages in an amount to be determined at trial."
The lawsuit specifically notes:
"This [Khan's] statement is demonstrably unproven and false.
In fact, Plaintiff Tates were prevented from attending one event because AEW incorrectly booked them to fly out of Nashville, Tennessee instead of their home airport in Knoxville, Tennessee and AEW failed to correct the travel arrangements when contacted.
Defendant Khan did not correct the false statement after receiving this information.
Plaintiffs Tates were also not able to do a show in Canada as they were contacted too late to be able to travel to Canada in time for the show."
In the lawsuit, The Tates stated they have not had one wrestling booking since departing ROH (despite their attempts to work) and that, "the statement that Plaintiffs Tates were “no-shows,” which implied that they are unreliable in their profession, subjects each of them to ridicule, embarrassment, humiliation, and s detrimental to each of their personal and professional relationships." They stated that Khan "had absolutely no evidence to support that Plaintiffs Tats intentionally did not show up for events as opposed to a having a legitimate reason for their nonappearance."
In the case of Foote, ROH announcer Ian Riccaboni is also named a defendant. The lawsuit alleges that Foote was hired after Tony Khan brought up the idea of him calling AEW Collision during conversations about New Japan Pro Wrestling, where Foote was working at the time. NJPW is a partner with AEW. Foote's contract contained a termination date of 6/30/26 according to the lawsuit but when he was let go by the company, AEW allegedly breached the deal by not paying Footage money owed, royalties and reimbursement of travel expenses. The exact amounts were redacted in the lawsuit.
Foote is alleging defamation and false light on the part of AEW and Riccaboni. In the lawsuit, it states that Foote "used social media to recommend that people view the movies “Sound of Freedom™” on 7/12/03. This led to Riccaboni allegedly stating on a Discord social media platform on 8/13, about Foote, "Also, had no idea he was going to promote QAnon movies or else I might have made a different suggestion. I suppose that his name was always in the mix but that QAnon stuff breaks my heart a little bit."
Noting that the film has been "associated with QAnon in social media" and that "QAnon has been described as a right-wing conspiracy group that spreads misinformation and disinformation", the lawsuit notes that Foote "attempted to contact Defendant Riccaboni in an attempt to resolve the false statement published by Defendant Riccaboni regarding Plaintiff Foote’s implied association with QAnon and received no response."
The lawsuit states that the association between the movie and QAnon "is unproven and false" and that:
"-The statement that Plaintiff Foote was promoting a QAnon movie is unproven and false.
-The implication that Plaintiff Foote is a member of, supports, and/or endorses QAnon is unproven and false.
-Defendant Riccaboni did not remove the post or otherwise clarify it to disassociate Plaintiff Foote from QAnon. "
Stating that Foote does not have, has never had, and will never have an association with QAnon, the lawsuit alleges that "The implied association with QAnon subjected Plaintiff Foote to ridicule, embarrassment, humiliation, and is detrimental to his personal and professional relationships."
The lawsuit states that Riccaboni published the statements on Discord, published it with "knowledge of in reckless disregard for their falsity", had "absolutely no evidence to support a relationship between Plaintiff Foot and QAnon and no evidence to support a relationship between the movies and QAnon." It also stated that "The Statements are highly offensive to a reasonable person as it has been report (sic) that QAnon has been defined as a domestic terrorist and/or is otherwise regarding (sic) as a cult, conspiracy theorists, and antagonistic to the enforcement of laws."
***
Note from Mike: It should be noted that connection between the film and QAnon was covered quite a bit in the mainstream media when the film was released for a small theatrical run and was a big talking point around the film. Time at the time, reported, "Billed as a story about the real-life Tim Ballard, a former special agent for the Department of Homeland Security and founder of the anti-trafficking group Operation Underground Railroad (O.U.R.), Sound of Freedom has become mired in controversy over criticisms that it features misleading depictions of child exploitation and plays into right-wing conspiracy theories associated with the QAnon movement. These associations have been perpetuated by both Ballard and his on-screen counterpart, Jim Caviezel, who has been a prominent supporter of QAnon for years"
National Public Radio also provided coverage of the potential connection.
The film was being worked on back in 2015, well before QAnon began to be established in the public eye. The actual film was actually shot in 2018, but took several years to be released and was finally released in part due to crowdfunding for the marketing and distribution after The Disney Company, which had acquired it, had not moved to release it. That lead to The Sound of Freedom being acquired back by the filmmakers.
***
The lawsuit notes that Foote "made" a complaint to AEW about Riccaboni's post, pointing out AEW's social media policy (which is redacted to the public in the lawsuit) but that after the complaint, "AEW began taking adverse actions" towards Foote's announcing duties, including:
-Tony Schiavone began doing play-by-play on Collision in November 2023, taking over Foote's role.
-AEW told Foote that Riccaboni had been disciplined but would not tell Foote what that discipline was and that Foote was never told the outcome of the complaint. The lawsuit notes that to date, Foote still does not know.
The lawsuit alleges that "the stress from Defendant Riccaboni's unwarranted comment and AEW's lack of response adversely affected Plaintiff's Foote's mental health and his marital status." Foote alleges he informed AEW of the "stress and mental health consequences" he was experiencing due to the comment and lack of response. After he was not booked for Sting's retirement event in March, Foote "called and left a message" for AEW's human resources department regarding his treatment. He was terminated in April.
The lawsuit noted:
"-AEW’s ratification or adoption is further demonstrated by the adverse decisions made with respect to Plaintiff Foote’s performance of services for AEW and the eventual termination of the Agreement.
-It can be reasonably inferred from AEW’s actions and inactions that it credited the defamatory statements and reinforced the adverse effects of the statements by decreasing Plaintiff Foote’s public appearances and terminating the Agreement.
-As a direct and proximate result of the tortious actions and inactions of Defendants, Plaintiff Foote suffered damages in the form of loss of business opportunities, damage to his reputation, humiliation, embarrassment, severe emotional distress, lost wages, loss of potential revenue, loss of good will, punitive damages, and other damages to be proven at trial."
Foote is also alleging Tortious Interference with Contract or Business Relationship by Riccaboni, citing that Riccaboni knew Foote was providing commentary for AEW Collision and "By posting the statement on social media that was available to the public, Defendant Riccaboni intentionally and unjustifiably interfered with the relationship between AEW and Plaintiff Foote." Foote is alleging that by Riccaboni making the statement, it contributed to AEW's "adverse" actions towards Foote by decreasing his role on television and ultimately resulted in Foote's termination. Foote alleges that Riccaboni "intended" to breach the relationship between AEW and Foote and knew "that his actions were likely" to cause the breach. Footage alleges he "suffered damages in the form of lost income, damage to his reputation, and severe emotional distress."
Foote also alleged that he had a potential "business opportunity" to work the 5/6 New Japan Pro Wrestling All Together event, providing English commentary but believes "Based upon information and belief, Defendant AEW prevented Plaintiff Foote from being hired to do English Commentary." Foote is alleging he "sffered damages in at least the amount of [redacted by court] and will continue to suffer damages from any future wrongful actions by Defendant AEW that interfere with Plaintiff Foote’s business opportunities or business relationship."
The lawsuit notes each Plaintiff, "suffered damages in the form of loss of business opportunities, damage to their reputation, humiliation, embarrassment, severe emotional distress, lost wages, loss of potential revenue, loss of earnings, loss of good will, punitive damages, and other damages to be proven at trial."
The lawsuit is asking The Court for the following:
"-Declaratory Judgment finding that the Arbitration provisions contained in both the Talent Agreement and the Wrestling Agreement in Section 16.1 of each Agreement are unconscionable and unenforceable.
-Declaratory Judgment finding that the Talent and Wrestlers are misclassified as independent contractors when they are, in fact, employees.
-Declaratory Judgment finding that Restrictive Covenant provisions contained in both the Talent Agreement and the Wrestler Agreement in Section 6.1 of each Agreement are void and unenforceable. Section 6.1
-Plaintiffs be awarded all appropriate costs, fees, expenses, and pre-judgment and post judgment interest pursuant to the laws of the Commonwealth of Pennsylvania as authorized by law on the judgments entered in Plaintiffs' behalf;
-Plaintiffs be awarded injunctive relief to enjoin Defendant All Elite Wrestling, LLC and all other persons acting in concert or participation with it from enforcing or engaging Sections 6.1 and 16.1 of the Talent Agreement and the Wrestler Agreement with respect to any talent or wrestler;
-Plaintiffs be awarded injunctive relief to enjoin Defendant All Elite Wrestling, LLC and all other persons acting in concert or participation with it from treating Plaintiffs and other putative class members as independent contractors under the Talent Agreement and the Wrestler Agreement; THEY ARE EMPLOYEES!"
Plaintiffs have requested a jury trial and have also filed a motion to file under seal, likely for material in their contracts that would not normally fall under public consumption.
The amount of damage they are each seeking has been redacted in the filing.
AEW and Riccaboni have not yet responded to the lawsuit and there is nothing in the court records indicating they have even been served as of this writing.
There is a case management hearing set for 11/15 at 11:30 AM.
This is a breaking story and may be updated.
If you enjoy PWInsider.com you can check out the AD-FREE PWInsider Elite section, which features exclusive audio updates, news, our critically acclaimed podcasts, interviews and more by clicking here!
Bang On Casino
