More Details On Kevin Kelly & Tate Twins’ Lawsuit Against AEW

UPDATE: A new report has some additional detail on the lawsuit filed by Kevin Kelly and the Tate Twins, aka The Boys, against AEW and Tony Khan. PWInsider has obtained the lawsuit, which is 41 pages long and alleges that both the Tates and Kelly were defamed by AEW and Tony Khan. The Tates allege that in addition to their defamation claims, they are owed money including royalties and travel reimbursement.

The lawsuit alleges that The Tates have not had any bookings since exiting ROH despite their efforts to get work and that Khan’s statement that they no-showed has been detrimental to their careers. It states of Khan’s claims that he released the Tates after they no-showed multiple bookings:

“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.”

Kelly is alleging defamation on the part of AEW and Riccaboni and notes that Khan hired Kelly after having conversations about NJPW, where he was working at the time, and he ended up contracted to AEW through June 30th, 2026. Kelly alleges that AEW breached the deal when he was released by not paying money owed, royalties and reimbursement of travel expenses. There are amounts listed but they are redacted.

Kelly (real name Kevin Foote) says that Kelly used his social media to recommend that people watch the film Sound of Freedom on July 12th, 2023 and that Riccaboni stated on August 13th about Kelly, “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.” The suit notes that the film was “associated with QAnon in social media.”

The film’s alleged associations to QAnon were extensively reported on during its heavily successful box office run, as its subject Tim Ballard as well as star Jim Caviezel have promoted QAnon conspiracy theories. The film does not explicitly mention QAnon, but has been criticized by anti-trafficking experts for allegedly embellishing child exploitation and promoting myths about sex trafficking espoused by QAnon.

The lawsuit disagrees, arguing that any association between the film and QAnon is “unproven and false” and argues that in Kelly’s case:

“-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.”

It goes on to say that Kelly doesn’t, hasn’t, and will never have an association with QAnon and that “The implied association with QAnon subjected Plaintiff Foote to ridicule, embarrassment, humiliation, and is detrimental to his personal and professional relationships.”

Kelly is arguing that Riccaboni posted the statements on Discord 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 adds, “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.”

The suit goes on to say that Kelly made a complaint to AEW about Riccaboni’s post and pointed out AEW’s social media policy, but that afterward AEW began “taking adverse actions” towards Kelly including Tony Schiavone taking over his role on AEW Collision. AEW allegedly told him that Riccaboni had been disciplined but would not say how, and 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.”

Kelly said he “called and left a message” for AEW’s human resources department regarding AEW’s treatment of him after he was not used for AEW Revolution in March, and he was released in April.

Kelly argues that Riccaboni committed Tortious Interference with Contract or Business Relationship by posting the message publicly, thus interfering with Kelly’s relationship with AEW. He credits the statement to AEW’s “adverse” actions toward him and says that he “suffered damages in the form of lost income, damage to his reputation, and severe emotional distress.” He also claims he had a potential opportunity to do English commentary on the May 6th NJPW All Together show, but believes “Based upon information and belief” that AEW prevented him from being hird.

The lawsuit is asking for a jury trial and is asking 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!”

There is a case management hearing set for November 15th.

AEW has issued a statement in regard to the lawsuit to Sports Illustrated which reads:

“AEW does not comment on pending litigation.”

ORIGINAL: The Wrestling News reports that Kevin Kelly and The Boys (aka the Tate Twins) have filed a lawsuit against AEW. The suit was filed on August 30 in the Philadelphia County, Pennsylvania Court of Common Pleas by attorneys Stephen P. New & Benjamin Baer.

Kelly and the Tates are hoping to void the arbitration clause of their talent contracts and want the court to certify a class-action suit against AEW. They claim the company is misidentifying its talent as independent contractors instead of employees.

Back in April, AEW released the Tate Twins from their contracts after CEO Tony Khan claimed they no-showed multiple bookings. The Boys denied this but Khan said he stands by what he said. The two are also suing Khan for defamation in response.

Meanwhile, Kelly was fired back in March. This stemmed from an incident with Ian Riccaboni and comments Kelly made on social media. Kelly said that Riccaboni was “libelous” after Riccaboni accused him of spreading QAnon beliefs. Kelly is looking for monetary damages. He said that AEW breached his contract and have prevented him from finding more work. He is also wanting damages from Riccaboni for defamation.

New said in a statement: “I applaud the bravery of these Plaintiffs in bringing this long-overdue action, challenging the mis-classification of pro-wrestlers as independent contractors instead of employees. We know we are in for a long, hard fight, but in the end, I believe justice always prevails.”

He added on Twitter: “How fitting and appropriate that on Labor Day weekend a lawsuit is filed seeking to correct, among other things, the abhorrent practice of misclassification of pro wrestlers as independent contractors and not employees. All AEW wrestlers are now members of this putative class.”

How fitting and appropriate that on Labor Day weekend a lawsuit is filed seeking to correct, among other things, the abhorrent practice of misclassification of pro wrestlers as independent contractors and not employees. All AEW wrestlers are now members of this putative class https://t.co/lEARTPAhBt

— Steve New (@StephenPNew) September 4, 2024