ESPN, BAMTech Gain Approval To Join Lawsuit Over WWE PLEs As Defendants

ESPN and its subsidiary BAMTech have officially joined the lawsuit against WWE over PLEs moving to ESPN Unlimited. As previously reported, ESPN and BAMTech filed motions in the lawsuit asking to intervene. Fightful reports that the motion has been approved to add the two parties as defendants. The ruling was made on September 18th.

BAMTech is a subsidiary that handles ESPN Unlimited’s streaming technology. The lawsuit was filed in January by Michael Diesa and Rebecca Tobak. It alleges that WWE mislead fans in how they advertised PLEs on the platform, arguing that WWE’s statements that “subscribers” would get PLEs at no extra charge suggested that all ESPN subscribers would get such a deal, when access was in fact for ESPN Unlimited which requires an extra cost for a number of subscribers.

ESPN was not listed as a defendant in the lawsuit, which was noted as intentional because Disney’s existing subscriber agreements require arbitration and block class actions. ESPN and BAMTech are asking to have the case moved to arbitration. The ruling on September 18th notes:

“Having carefully considered the matter, the Court concludes that ESPN is not entitled to intervene as a matter of right… Intervention under Rule 24(a) requires, among other things, a showing that the proposed intervenor’s interest in the litigation will not be sufficiently protected by the existing defendant, and ESPN has not made that showing with the “rigor[]” required by the Second Circuit’s Rule 24(a) case law… But its arguments for permissive intervention under Rule 24(b) are compelling… The motions will therefore be granted.”

The plaintiffs have asked for a jury trial.