Kevin Kelly and the Tate Twins’ lawsuit against AEW has been transferred to Florida. As you likely recall, Kelly and the Tate Twins (aka The Boys) filed suit against AEW, Tony Khan, and Ian Riccaboni on September 6th. The lawsuit seeks to void the trios’ arbitration clauses in their contracts and certify a class-action lawsuit, arguing that AEW is misclassifying its talent as independent contractors rather than employees. Kelly is also alleging Riccaboni and AEW of defamation in regard comments by Riccaboni about Kelly’s support of Sound of Freedom, while the Tates accuse Tony Khan of defamation in regard to claims that they no-showed events.
PWInsider reports that the judge in the case agreed with AEW’s request to move to the case from the United States District Court for the Eastern District of Pennsylvania to the US District Court for the Middle District of Florida. AEW had filed for the move, arguing that the language in their contracts dictated that all issues surrounding said contracts should be litigated in Florida where the company is located. Judge Mia R. Perez agreed, writing in her decision:
“The public interest factors support transfer to the Middle District of Florida. Consolidating all claims in one venue would avoid duplicative trials, streamline discovery, and promote consistent outcomes. Further, although Pennsylvania has an interest in disputes involving its residents, Florida’s interest in matters related to Defendant All Elite Wresting, LLC’s (AEW) business practices and contractual relationships supports transfer. Indeed, the parties agree that Florida law governs the instant contract dispute. As such, the public interest factors favor transferring the case to the Middle District of Florida.
Because Defendant Riccaboni is not a signatory to the Arbitration Agreement, the Court must assess the private interest factors as they relate to him. Although Plaintiffs have chosen Pennsylvania as their forum, “the plaintiff’s choice is not necessarily decisive, particularly where the central facts of the lawsuit did not occur in the plaintiff’s chosen forum.” Halpern, 2024 WL 453370, at *9. As discussed above, most of the claims stem from a contract that was negotiated, drafted, and terminated in Florida. And because Defendant Riccaboni’s statements were made on social media, “it cannot be said that a substantial part of the events occurred in one location or the other[.]” Id. As for Defendant Riccaboni’s forum preference, he aligns with all other Defendants in preferring Florida due to his contractual relationship and defense agreement with Florida-based AEW. D.E. 11 at 15–16. While Plaintiffs argue that damages witnesses are in Pennsylvania and Tennessee, and Plaintiff Foote and Defendant Riccaboni are in Pennsylvania, the preponderance of witnesses and records are based in Jacksonville, Florida. Therefore, any relative inconvenience in Plaintiff Foote travelling to Florida is offset by the benefit of litigating the case with the remaining parties in Florida. Taken together, both the public and private interest factors weigh in favor of transfer.”
