WWE has filed a new motion in response to the lawsuit filed by Marvin Jackson over a hearing loss suffered at WrestleMania 38.
Jackson had asked the court to deny WWE’s previous motion for arbitration, stating that his nephew got the tickets and that he had neither accepted nor was legally bound by the terms and conditions put forth by WWE.
Pwinsider is reporting that WWE filed a motion on March 31st, seeking an argument against Jackson’s plea to deny the move to arbitration.
WWE’s filing calls Jackson’s claims that he did not agree to the terms “wrong as a matter of fact and law.” The motion states:
“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 requested that the lawsuit be halted while arbitration plays out. The court is yet to announce its decision on the matter.
The lawsuit by Jackson seeks over $1,000,000 in relief including all damages, penalties, costs, expenses, prejudgment interest, and attorney’s fees.
