There has been a recent development in the lawsuit filed by Marvin Jackson over a hearing loss suffered at WrestleMania 38.
As we previously reported here on eWn, both WWE and Jackson had submitted supplemental material on the question of arbitration.
Judge Mark T. Pittman has now ruled in WWE’s favor. The billion-dollar wrestling promotion has sought a ruling to force the lawsuit to move to arbitration since the initial filing.
According to the final ruling, the judge stated:
“CONCLUSION
Because the Court finds that Jackson is subject to the Arbitration Agreement and there is no real dispute by Jackson’s injury falls within the Arbitration Agreement’s scope, WWE’s motion to compel arbitration is GRANTED. This action is DISMISSED WITH PREJUDICE in favor of arbitral proceedings to be instituted by Jackson against WWE, as provided for in their Arbitration Agreement. See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992) (upholding dismissal with prejudice of claims when all the party’s claims were subject to arbitration). A final judgment will issue by separate order.
SO ORDERED on this 9th day of May 2023.”
Dismissal with prejudice guarantees that the lawsuit cannot be re-filed again within the same court.
In February, Jackson sued WWE for hearing loss suffered from pyrotechnics at the event and sought over $1,000,000 in relief, including all damages, penalties, costs, expenses, prejudgment interest, and attorney’s fees.
