As we’ve been reporting here on eWn, WWE filed 14 potential defenses that it may utilize against MLW’s lawsuit that accused the Endeavor-owned promotion of violating the Sherman Act regarding anti-trust practices and more.
Pwinsider reports that the United States District Court, Northern Division of California, San Jose Division issued a ruling on October 31st denying MLW’s request to strike down WWE’s potential defenses in the lawsuit.
You can check out the Court’s ruling below:
“ORDER TERMINATING MOTION TO STRIKE AND GRANTING LEAVE TO FILE AMENDED ANSWER
Plaintiff, MLW Media LLC (“MLW”), brings a motion to strike Defendant, World Wrestling Entertainment, Inc.’s (“WWE”), affirmative defenses filed in response to MLW’s suit for violations of the Sherman Antitrust Act; intentional interference with prospective economic advantage; intentional interference with contractual relations; and violation of California’s Unfair Competition Law. Mot. to Strike Answer to Am. Compl. (“Mot. Strike”), ECF No. 101; Answer to Am. Compl. (“Answer”), ECF No. 98.
WWE filed an opposition, and MLW filed a reply. In the alternative to granting MLW’s motion to strike, WWE asked the Court to terminate MLW’s motion as moot and grant leave to file its amended answer attached as Exhibit A. Ex. A, ECF No. 102-1. The Court finds the motion appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b). For the reasons stated below, the Court will terminate MLW’s motion to strike and grant leave for WWE to file its amended answer on the condition that it remove the improper sixth amended affirmative defense for unjust enrichment.
BACKGROUND
MLW filed this action in January 2022, asserting claims against WWE for monopolization and attempted monopolization in violation of the Sherman Antitrust Act. MLW filed a First Amended Complaint on March 6, 2023.
WWE filed its answer to MLW’s FAC on August 14, 2023, and on August 25, 2023, MLW filed its present motion to strike the fourteen affirmative defenses contained in WWE’s answer.
While WWE argues that its affirmative defenses were properly asserted, in the alternative to granting MLW’s motion, WWE asks the Court to terminate MLW’s motion to strike as moot and grant leave to file its amended answer.
II. LEGAL STANDARD
Federal Rule of Civil Procedure 12(f) permits a court to “strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” “The function of a Rule 12(f) motion to strike is to avoid the expenditure of time and money that will arise from litigating spurious issues by dispensing with those issues prior to trial.” Solis v. Zenith Capital, LLC, No. 08–cv–4854–PJH, 2009 WL 1324051, at *3 (N.D. Cal. May 8, 2009) (citing Sidney–Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir. 1983)).
Courts in this district, including this Court, have generally applied the Twombly/Iqbal pleading standard to striking affirmative defenses. See Goobich v. Excelligence Learning Corp., No. 5:19-CV-06771-EJD, 2020 WL 1503685, at *3 (N.D. Cal. Mar. 30, 2020) (collecting cases). When a court strikes an affirmative defense, leave to amend should be freely given so long as there is no prejudice to the moving party. Wyshak v. City Nat’l Bank, 607 F.2d 824, 826 (9th Cir. 1979); see also Fed. R. Civ. P. 15(a)(2) (“The court should freely give leave [to amend] when justice so requires.”); Lopez v. Smith.
DISCUSSION
The Court grants WWE’s request for leave to file its amended answer and terminates MLW’s motion to strike as moot. While MLW identified numerous deficiencies in WWE’s affirmative defenses, the Court finds that WWE’s proposed amended answer cures nearly all deficiencies.
First, several of WWE’s original “affirmative defenses” were improper as a matter of law, as they merely sought to demonstrate that MLW has not met its burden of proof. WWE’s amended answer cures these deficiencies by removing “affirmative defenses” 1, 2, 5, 8, and 12.
Second, WWE’s remaining original affirmative defenses were improperly asserted, as they contained no facts to provide MLW with notice of the basis for the defenses.
WWE’s amended answer cures these deficiencies by adding facts sufficient to plausibly claim affirmative defenses 3, 4, 6, 7, and 9.
However, the Court finds the sixth affirmative defense for unjust enrichment in the amended answer improper. This issue concerns damages and is reserved for the remedies stage of proceedings. The Court also finds the “Reservation of Rights” section improper, as it is not in itself a defense and “serves no real purpose in litigation.” Solis, 2009 WL 2022343, at *3; see also, e.g., Goobich, 2020 WL 1503685, at * 4 (“This type of statement serves no real purpose in the litigation and should be stricken.”) (internal quotations omitted); J&J Sports Prods v. Mendoza –Govan
IV. CONCLUSION
For the foregoing reasons, the Court TERMINATES MLW’s motion to strike as moot and GRANTS WWE’s request to file its amended answer so long as it removes the improper sixth affirmative defense for unjust enrichment and “Reservation of Rights” section.
IT IS SO ORDERED. Dated: October 31, 2023″
The Ad Council announced on Wednesday that WWE COO Brad Blum has joined the Board Of Directors. Blum is one of 18 new additions to the board.
You can check out the full announcement below:
“The Ad Council Appoints 18 New Members to its Board of Directors
Rita Ferro and Kirk McDonald elevated to Vice Chairs of the nonprofit’s Board of Directors
The Ad Council, America’s leader in using the power of communications to inspire action and accelerate change around the most pressing issues in the country, elected 18 new members to its Board of Directors, chaired by Verizon CMO, Diego Scotti. In addition to the new Board members, the nonprofit elevated Rita Ferro, President, Global Advertising, Disney and Kirk McDonald, CEO of North America at GroupM, to the roles of Vice Chair.
For more than 80 years, the Ad Council has been at the forefront of driving the communications industry’s social impact efforts at scale. Its Board of Directors is comprised of a prestigious group of senior marketing, media and business executives who provide expertise, insights and financial support to ensure the Ad Council’s social impact campaigns are effective and drive measurable change. Working in close collaboration with the Ad Council’s leadership, the Board helps spearhead the communications industry’s efforts to address critical issues such as gun violence, mental health, the drug overdose epidemic, and racial justice.
New members of the Ad Council Board of Directors include:
— Brad Blum, Chief Operating Officer, WWE
— Christine Cook, Global Chief Revenue Officer, Bloomberg
— Greg Glenday, Chief Business Officer, Acast
— Patrick Harris, President of Americas & Partnerships, Snap
— Michael Komasinski, CEO, dentsu Americas
— Ryanne Laredo, SVP of Customer Experience, Nielsen
— Ryan Linder, EVP & Global Chief Marketing Officer, Stagwell
— Mark Marshall, Chairman, Global Advertising & Partnerships, NBCU
— Johanna Mayer-Jones, Global Chief Advertising Officer, The Washington Post
— Nicola Mendelsohn, Head of Global Business Group, Meta
— Shannon Nunn, Managing Director, TBWAChiatDay NY
— Drew Panayiotou, Global Chief Marketing Officer, Pfizer
— Chris Paquette, Founder & CEO, DeepIntent
— Elliott Pettit, Senior Director of Retention & Brand, USTA
— Joy Robins, Global Chief Advertising Officer, The New York Times
— Lisa Roath, EVP & Chief Marketing Officer, Target
— Andrew Springate, Chief Marketing Officer, Keurig Dr Pepper
— Neal Zuckerman, Managing Director & Senior Partner, Boston Consulting Group
“The Ad Council’s Board of Directors is comprised of some of the most passionate leaders in their industries and their commitment to driving positive change helps us move the needle on America’s most pressing issues at an unprecedented scale,” said Lisa Sherman, President and CEO of the Ad Council. “I am so honored to welcome our new members and work even closer with Rita and Kirk to create lasting change that will help people across the country.
The Ad Council also added 3 new members to its Leadership Council, which consists of some of the best leaders and innovators in media, tech, marketing, and advertising. Leadership Council members leverage their companies’ reach and resources to activate campaigns and share key learnings, insights, and capabilities in support of the Ad Council’s work to address the country’s most critical social issues.
New members of the Ad Council Leadership Council include:
— Michael Benedek, President & CEO, Datonics
— Katie Klumper, CEO & Founder, Black Glass
— Amanda Tolleson, Global Chief Marketing Officer, WeightWatchers
A complete list of the Ad Council Board of Directors and Leadership Council is available on the organization’s website.”
AJ Francis (formerly WWE’s Top Dolla) is set to host the seventh iteration of his canned ood drive this month. Francis tweeted,
“7th Annual Canned Food Drive
Serving the kids and families at Sarah’s House in Fort Meade, Maryland
BRING YOUR NON-PERISHABLES to College Park on Nov 18th as @TerpsFootball takes on @UMichFootball”
🚨7th Annual Canned Food Drive🚨
Serving the kids and families at Sarah’s House in Fort Meade, Maryland 👧🏽👦🏻
BRING YOUR NON-PERISHABLES to College Park on Nov 18th as @TerpsFootball 🐢 takes on @UMichFootball 〽️ pic.twitter.com/jCLjb8VTIl
— Dolla 💰 (@AJFrancis410) November 1, 2023
You can keep up with all your wrestling news right here on eWrestlingNews.com. Or, you can follow us over on our Twitter and Facebook pages.
WWE’s Potential Defenses Denied in MLW Lawsuit
In a recent development in the ongoing legal battle between WWE and MLW (Major League Wrestling), the United States District Court has denied MLW’s request to strike down WWE’s potential defenses in the lawsuit. This ruling comes after WWE filed 14 potential defenses against MLW’s lawsuit, which accused the company of violating the Sherman Act regarding anti-trust practices and more.
The lawsuit, filed by MLW in January 2022, alleges that WWE engaged in monopolization and attempted monopolization, violating the Sherman Antitrust Act. WWE filed its answer to MLW’s First Amended Complaint in August 2023, and MLW subsequently filed a motion to strike the fourteen affirmative defenses contained in WWE’s answer.
The Court’s ruling, issued on October 31st, terminates MLW’s motion to strike and grants WWE leave to file its amended answer. However, the Court also stipulated that WWE must remove the improper sixth affirmative defense for unjust enrichment and the “Reservation of Rights” section from its amended answer.
The Court found that several of WWE’s original affirmative defenses were improper as they merely sought to demonstrate that MLW has not met its burden of proof. WWE’s amended answer addresses these deficiencies by removing these defenses. Additionally, WWE’s remaining original affirmative defenses were deemed improperly asserted as they lacked sufficient facts to provide MLW with notice of the basis for the defenses. The amended answer now includes facts that plausibly support these remaining defenses.
While MLW identified numerous deficiencies in WWE’s affirmative defenses, the Court found that WWE’s proposed amended answer cures nearly all of these deficiencies. However, it deemed the sixth affirmative defense for unjust enrichment and the “Reservation of Rights” section improper.
In other news, WWE COO Brad Blum has joined the Board of Directors of the Ad Council, a nonprofit organization focused on using communications to inspire action and drive change on pressing issues in the country. Blum is one of 18 new additions to the board, which is chaired by Verizon CMO Diego Scotti. The Ad Council also elevated Rita Ferro, President of Global Advertising at Disney, and Kirk McDonald, CEO of North America at GroupM, to the roles of Vice Chair.
The Ad Council’s Board of Directors consists of senior marketing, media, and business executives who provide expertise, insights, and financial support to ensure the organization’s social impact campaigns are effective and drive measurable change. The board collaborates closely with the Ad Council’s leadership to address critical issues such as gun violence, mental health, the drug overdose epidemic, and racial justice.
Furthermore, AJ Francis, formerly known as WWE’s Top Dolla, is hosting the seventh annual Canned Food Drive this month. The event aims to serve the kids and families at Sarah’s House in Fort Meade, Maryland. Attendees are encouraged to bring non-perishable food items to College Park on November 18th during the TerpsFootball game against UMichFootball.
For more wrestling news and updates, you can visit eWrestlingNews.com or follow them on Twitter and Facebook.
In conclusion, the recent ruling in the WWE-MLW lawsuit denies MLW’s request to strike down WWE’s potential defenses. WWE has been granted leave to file its amended answer while removing certain improper defenses. Additionally, WWE COO Brad Blum has joined the Board of Directors of the Ad Council, and AJ Francis is hosting a Canned Food Drive to support families in need.