Everything You Need To Know About Kevin Kelly & The Tate Twins Suing AEW

Kevin Kelly (real name Kevin Foote) and Brandon and Brendan Tate sued All Elite Wrestling, Tony Khan, and Ian Riccaboni in a lawsuit filed on August 30 in the Philadelphia County, Pennsylvania Court of Common Pleas. Among alleging defamation, Kelly and the Tate Twins are looking to void the arbitration clause in their AEW talent contracts and have requested for the court to certify a class-action lawsuit against AEW over the alleged misclassification of AEW wrestlers as independent contractors instead of employees. They are also seeking monetary damages from AEW, while Kevin Kelly is seeking additional monetary damages from Ian Riccaboni over claims that Riccaboni defamed him. The attorneys in the case are Benjamin Baer and Stephen P. New, who is Jim Cornette's go-to lawyer.

Kevin Kelly, in addition to monetary damages, has claimed that All Elite Wrestling breached his contract and interfered in his ability to find work outside of the promotion. This refers to a claim from Kelly that AEW interfered to prevent him from doing commentary for the 'All Together' show in May that involved New Japan Pro-Wrestling.

Kelly claims in the lawsuit that Ian Riccaboni defamed him through comments posted online about Kelly's endorsement of Sound of Freedom, a movie with connections to QAnon. Kelly disputes in the lawsuit that he has ties to QAnon and argues his links to the group damaged his reputation. Kelly also claims his mental health suffered and there were issues in his marriage due to Riccaboni's comments. The former AEW commentator noted that he was told by AEW that Riccaboni was punished but he did not receive further details.

Kevin Kelly has previously stated this in a podcast appearance, while also noting that he took shots at AEW on social media following the ruling by AEW's disciplinary committee on Riccaboni's actions and then left a heated voice message with one of AEW's HR team. Kelly admitted this is why he was fired, saying: "I don't remember what I said, but I'm sure it was stiff...I got let go for the things I was saying publicly about the company on social media and the voice message I had left for the nice HR lady." 

The Tate Twins, meanwhile, are alleging that Tony Khan falsely claimed they were let go by All Elite Wrestling after no-showing multiple events, something they claim is "demonstrably unproven and false." The former Boys also claim they were told their AEW releases earlier this year were due to "budget cuts."

"This [Khan's] statement is demonstrably unproven and false. In fact, Plaintiff Tates were prevented from attending one event because AEW incorrectly booked them to fly out of Nashville, Tennessee instead of their home airport in Knoxville, Tennessee and AEW failed to correct the travel arrangements when contacted. Defendant Khan did not correct the false statement after receiving this information. Plaintiffs Tates were also not able to do a show in Canada as they were contacted too late to be able to travel to Canada in time for the show," the lawsuit states.

The Tate Twins noted they have not been booked since their AEW releases.

Tony Khan addressed why The Tate Twins were released in the pre-ROH Supercard of Honor media call, saying:

"These are all very different situations. I think Dalton and Johnny have been very creative. I’ve really enjoyed Dalton and Johnny working together, and this came at a time after Dalton had just custody of The Boys on ROH TV. The rivalry between Dalton and Johnny has been tremendous, and I’m really looking forward to the Fight Without Honor. To be honest, they didn’t show up for work on more than one occasion, and it’s not acceptable. I think the whole locker room knew about it, and you can’t do that, and that’s it, and that’s why I had to make a tough call." 

The lawsuit further argues the arbitration clause in Kevin Kelly and the Tate Twins' contracts is "unconscionable and unenforceable" and they consider it to be "unreasonably fair to AEW."

Furthermore, the lawsuit argues that AEW talent are misclassified as independent contractors due to the degree of control AEW have over their talent.

The lawsuit states: "AEW has extensive policies and procedures implemented at their sole discretion that are applicable to the Talent and Wrestlers inside the ring; on AEW premises; and outside of the ring, such as the policies regarding social media...Talent and Wrestlers are misclassified as independent contractors when they are, in fact, employees."

Stephen P. New has since issued the following statement on X: "How fitting and appropriate that on Labor Day weekend a lawsuit is filed seeking to correct, among other things, the abhorrent practice of misclassification of pro wrestlers as independent contractors and not employees. All AEW wrestlers are now members of this putative class."

AEW commentator Jim Ross, meanwhile, has since said on his podcast: "When you sign your contract, you agree to the terms. That would include being an independent contractor. I'll say this. The plaintiffs, Kevin Kelly and those guys, they'll run out of money before Tony Khan does. I don't hold out much hope they're going to get any kind of settlement, whatsoever. Maybe I'm wrong. I'm not a judge or lawyer or anything along those lines. I don't like those kind of lawsuits. I think they're frivolous. You would think guys would get together and work out something before going to spend their money on a lawyer, who is probably doing it, 'If you win, you get this. If you don't win, no harm, no foul.' There is harm and there is foul. You knew what you were doing when you signed your deal. I'm not familiar with the two wrestlers. I know who they are. Kevin Kelly is an old friend of mine for years. I was sad to see him leave the way he did. He just wasn't happy. I think he wanted a bigger role that wasn't available to him. Then, all of a sudden, he's gone. It's unfortunate, it's sad. He has a lot to offer. As far the independent contractor thing being thrown out and overruled, I don't hold any hope for that to happen."

Kevin Kelly responded to JR, claiming his lawsuit is not frivolous, tweeting: "Lots of comments on our lawsuit and we will see what happens. I had hoped to settle this fairly and quietly with AEW but they left us no choice. And to my friend JR, this is not "frivolous" in the least. We look forward to what comes next. Thank you all very much."

An AEW spokesperson told Sports Illustrated: "AEW does not comment on pending litigation."

H/T Fightful