WWE Argues Against Arbitration Dismissal In Fan’s WrestleMania 38 Injury Lawsuit

WWE has filed a new motion in the lawsuit from a fan over hearing loss suffered at WrestleMania 38. As previously reported, Marvin Jackson sued the company alleging that he lost hearing due to pyrotechnics at last year’s PPV, where he was an “invitee.” WWE had filed a motion asking that the situation be moved to arbitration, arguing that fans had to check boxes before buying tickets online agreeing to the terms and provisions which included agreements to enter arbitration over legal issues.

Jackson had asked the court to deny the motion for arbitration, stating that his nephew got the tickets and that he had neither accepted nor was bound by the terms & conditions put forth by WWE. PWInsider reports that WWE filed a response on March 31st which makes a case against that argument to deny the move to arbitration.

According to the site, WWE’s filing calls Jackson’s claims that he did not agree to the terms “wrong as a matter of fact and law.” It argues:

“Jackson does not and cannot dispute that the terms of the Arbitration and Release & Waiver of Liability Agreement expressly apply to him because he used the electronic ticket purchased through SeatGeek.com to attend WrestleMania 38. Jackson also does not and cannot dispute that his purported decision to ignore the terms of his ticket and the multiple notifications that were sent regarding such terms is legally irrelevant. Jackson, therefore, has failed to satisfy his burden to show that the Arbitration Agreement is invalid. Accordingly, the Court should grant WWE’s Motion and compel arbitration.”

WWE has asked that the lawsuit be paused while arbitration plays out. The court has not yet weighed in on the matter.

The lawsuit by Jackson is seeking over $1,000,000 in relief including all damages, penalties, costs, expenses, prejudgment interest, and attorney’s fees.