We reported several weeks ago that WWE filed a motion to dismiss the case that was filed against them by former wrestlers Scott Levy (Raven), Chris Klucarits (Kanyon) and Mike Sanders. The case brought against WWE claims that employees of WWE should be classified as just that, employees, rather than independent contractors. WWE filed a motion to dismiss the case, and the three former talents had until October 20th to file a response. It’s now being reported that on October 20th attorneys representing the wrestlers filed a request to have their response time extended, and the courts granted it by giving them until November 11th to do so.
The following are the grounds under which WWE is claiming the case should be dismissed:
*Their complaint failed to "state a claim upon which relief can be granted."
*Their claims were barred by "applicable statues of limitations."
*Their claims were a "impermissible attempt" to circumvent federal and state tax laws, with WWE claiming "neither [law] grants a private right of action."
*Their claims are "preempted by the Employee Retirement Income Security Act."
*Levy, Sanders and Klucarits failed to "exhaust administrative remedies."
*The trio "lack standing" to assess punitive claims on behalf of other class members (WWE contracted performers).