Update On WWE and MLW Lawsuit, WWE Files Another Motion
There has been another development in the ongoing legal battle between WWE and MLW. WWE recently filed a motion against MLW’s motion to strike their defenses in the case. The motion was filed on September 8th, and there is currently a motion hearing scheduled for mid-October. MLW has until September 15th to respond to WWE’s motion.
According to PW Insider, WWE argues that MLW’s motion to strike should be denied. WWE states that MLW’s motion was filed without ever discussing the issues with WWE or asking them to amend or withdraw any of their affirmative defenses. WWE believes that MLW’s motion wastes the court’s time and resources by litigating issues that could have been resolved between the parties.
WWE asserts that their August 14th pleading, which served as their answer to MLW’s amended complaint, is entirely proper and meets the relevant pleading standards established by the Ninth Circuit. WWE argues that they have provided MLW with fair notice of the bases of their affirmative defenses by describing them in general terms, as required by Rule 8. WWE cites the Ninth Circuit’s ruling in Kohler v. Flava Enters., Inc., which held that fair notice only requires describing defenses in general terms.
While MLW argues that some courts in the district have applied plausibility standards to affirmative defenses, WWE contends that the more forgiving fair notice standard is the predominant approach in the Ninth Circuit. WWE claims that they have met this fair notice standard by pleading self-evident and well-recognized affirmative defenses that are routinely pleaded in similar terms in district courts across the circuit.
Furthermore, WWE highlights that motions to strike are heavily disfavored in the Ninth Circuit. Courts have described the burden on the movant as heavy, demanding, and formidable, and regularly deny such motions unless there is a showing of prejudice to the moving party. WWE argues that MLW has not made any showing of prejudice and has not explained how the supposed insufficiency of WWE’s pleading would hinder their ability to pursue discovery.
WWE also points out that they have already provided information about one of the key defenses that MLW seeks to strike in response to MLW’s interrogatories. WWE believes that MLW’s motion should be denied and suggests that, to avoid further litigation, MLW’s motion be denied as moot. WWE has submitted a proposed amended answer that addresses some of MLW’s objections and provides additional detailed allegations to eliminate any doubt about the sufficiency of their remaining affirmative defenses.
For these reasons, WWE respectfully requests that the court either deny MLW’s motion in its entirety as legally unfounded or, alternatively, accept WWE’s proposed amended answer and deny the motion as moot.
For more information on the WWE and MLW lawsuit, you can read the full article on Wrestling Headlines.
Stay tuned for further updates on this legal battle between WWE and MLW.