Appeal Filed Over AEW’s Arbitration Clause in High-Profile Talent Lawsuit
Kevin Kelly, whose legal name is Kevin Foote, along with brothers Brandon and Brent Tate, have taken the next step in their legal battle against All Elite Wrestling by filing an appeal against a recent court decision that moved their lawsuit into private arbitration.
On Friday, a formal notice of appeal was submitted in the United States District Court for the Middle District of Florida. The plaintiffs are now requesting that the Eleventh Circuit Court of Appeals review a June 11 ruling made by Judge Harvey Schlesinger. This ruling upheld the arbitration clauses found in their contracts with AEW, effectively pausing the public federal lawsuit and pushing the case into confidential arbitration proceedings.
Details about what has transpired in the arbitration phase remain unknown. This lack of transparency is common in arbitration, a process that critics argue tends to benefit employers and corporate defendants by keeping disputes and outcomes out of public view.
The original lawsuit, which was filed in 2024, alleges that AEW, CEO Tony Khan, and commentator Ian Riccaboni engaged in breach of contract, defamation, and other wrongdoings connected to the plaintiffs’ exit from the company. Central to the Tates’ claims is the accusation that Tony Khan defamed them during a press conference shortly after their tag team was released. Meanwhile, Kevin Kelly’s lawsuit includes allegations that Riccaboni falsely portrayed him online as endorsing the conspiracy theory group QAnon, which Kelly asserts led directly to his termination by AEW.
Judge Schlesinger’s decision focused on the validity of the arbitration clauses contained in the contracts signed by the plaintiffs. The judge determined that a delegation clause was valid, meaning that even disputes about whether a case should be resolved by arbitration must be handled through arbitration rather than the courts. The plaintiffs argued that these clauses were unconscionable, meaning so unfair and one-sided that they should be invalidated. However, the court rejected these claims, ruling that the plaintiffs’ objections were too broad and not specifically aimed at the delegation clause itself.
Kevin Kelly is listed as the appellant both individually and as a representative for others similarly affected. Plaintiffs’ attorney Stephen P. New confirmed that the Tate brothers are included in this appeal as well. New clarified that the appeal focuses solely on the arbitration aspect of the prior ruling. He added that there are overlapping questions regarding whether defendants Tony Khan and Ian Riccaboni should be subject to the arbitration agreements found in the AEW contracts.
AEW has not provided any comment on the appeal.
The Eleventh Circuit Court of Appeals reviews decisions from federal district courts within its jurisdiction, including Florida. While the appeal was officially filed last Friday, it has yet to be formally docketed or assigned a case number by the appellate court. This delay is standard procedure as the district court must first send over the necessary documents before the appeals court can open the case for review.
This appeal marks a significant chapter in the ongoing legal dispute between the former AEW talent and the company. Arbitration proceedings typically mean that the details and resolution of the case will remain confidential, limiting public insight into the proceedings. However, the plaintiffs’ decision to challenge this ruling reflects their desire to bring the case back into the public legal arena where more transparency is possible.