Dave Meltzer Discusses Kevin Kelly & The Tate Twins' Lawsuit Against AEW

Former AEW commentator Kevin Kelly and Brandon and Brendan Tate (The Boys) filed a suit against AEW recently, alleging both defamation and claims that the company is misclassifying talent. Veterans like Jim Ross believe the lawsuit will likely be thrown out due to his experience dealing with similar cases. Similarly, Dave Meltzer took a look at the suit in the "Wrestling Observer Newsletter."

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According to Meltzer, if the suit succeeds in voiding the arbitration clause, the three plaintiffs will be able to add another suit regarding their contracts. "AEW contracts call for, in the event of a claim of a contract breach, for binding arbitration rather than the ability to file suits," Meltzer wrote. Interestingly, Meltzer revealed that Stephen P. New is one of the two attorneys involved in the suit, who is known for being Jim Cornette's lawyer, as well as CM Punk's representative in his issues with AEW.

Meltzer noted that a lot of the information surrounding the lawsuit is still redacted, which likely included further information on the contracts of Kelly and the Tates. Meltzer also speculated that the suit is going as far as to get the rest of the AEW and ROH talent signed from September 1st 2022 to get onboard with the suit. "The claim is that AEW has control over talent and wrestler wardrobe, the performance of the wrestlers in the ring, the time and place of the services, and speech and conduct of the wrestlers or talent," Meltzer wrote. Further claims allege AEW also requires talent to promote the company and have limits in place on things they can post, including criticism of talent and the organization.

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Meltzer continued to unpack the lawsuit, listing how the plaintiffs are arguing that AEW provide workman's compensation, health insurance, and social security to the talent, and list them as employees instead. Meltzer also noted that the suit makes further claims about Kelly and the Tates' releases, as well as claims that they weren't reimbursed for travel expenses.

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Additionally, Meltzer says Kelly's claims against Ian Riccaboni stem from leaking private Discord chats by making public posts about the information in the aforementioned chats. Kelly then complained to AEW, but was never informed about disciplinary action. "[Kelly] said that because of AEW's lack of response, he suffered mental health and marital issues," Meltzer wrote. Kelly further claimed that his release ultimately ended up ratifying the defamatory statements made by Riccaboni, leading to loss of business opportunities and several other emotional and physical distresses.

"To get a libel judgment on a public figure is difficult. You not only have to prove the statement is untrue, but that the person saying it knew it was untrue, and did so with malice and caused harm," Meltzer added. Kelly further alleged that AEW prevented him from being hired to do English commentary for the Japanese All Together Now event.

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Meltzer then addressed the Tates' claims, which all stem from their release, and how they were told it was due to budget cuts and not missing shows, like what Khan said publicly. Because of this, the brothers allege they were subject to ridicule and humiliation, as well as damage to their earnings. At the time of Meltzer's report, neither AEW nor Riccaboni commented on the suit, with the latter claiming he hasn't been served with the suit yet.

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Meltzer added that the claims surrounding the talent's status as independent contractors are the biggest issue. "[AEW talent] are more independent than WWE talent, as even when WWE talent works for TNA, it's by the direction of WWE," Meltzer pointed out. He further compared the two promotion's contracts, noting how often AEW talent work other shows, but that the promotion needs to approve these appearances.

Following this, Meltzer recalled how similar suits were filed in the past, like the one Raven filed against WWE, and that this has been an ongoing dispute in wrestling for decades. "Of course AEW could delay and delay, and drive up costs and make it very difficult. Of course the first step would be to try and show the judge the case is frivolous and get it thrown out," Meltzer opined.

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