FEDERAL COURT RULES ON WARRIOR vs McMAHON CASE
- 10/15/2007 (2:34:02 pm)
- Press Release
……
Federal Court rules on Warrior vs. McMahon Case
It has been ruled by The United States Federal District Court of
Arizona that the complaint filed by Ultimate Creations, Inc. against
Vince McMahon; Titan Sports; and the WWE will not be dismissed and
will go to trial.
"To survive the motion to dismiss his defamation claims, Warrior must
establish that the statements 'are reasonably capable of sustaining a
defamatory meaning,' and that the statements 'are not mere comment
within the ambit of the First Amendment.' Knievel v. ESPN, 393 F.3d
1068, 1073-74 (9th Cir. 2005) (quotations omitted). Defendants
believe that Warrior has failed to establish either of these
requirements. The Court does not agree. After examining the totality
of the circumstances in which the Defendants statements were made,
the Court finds that Defendants allegedly made statements about
Warrior that can be reasonably interpreted as factual assertions that
may have brought him 'into disrepute, contempt, or ridicule' or
impeached his 'honesty, integrity, virtue, or reputation.'
Consequently, Warrior’s claims against Vince and Linda McMahon will
not be dismissed."
In a statement made by Bernie J. Gernay of PSI Marketing Group whom
represents Warrior, he stated, "There is no denying the legitimacy of
this complaint, just as there's also no denying that there is the
illegitimate, choreographed world of professional wrestling and then there is
the legitimate rule of law in the real world. Warrior lives in the
real world. WWE and the McMahons apparently do not. Warrior has made
another successful, 'constructive,' not 'self-destructive,' life
outside his former successes creating and performing the one-of-a-
kind Ultimate Warrior character. The McMahons seem to have problems
with that, both acknowledging it and letting it go. They can run
their company any way they wish to, but they have no right to discredit
the integrity or try to ruin the life of any former talent who
chooses to no longer be a part of their entertainment act, let alone
do so as they have outrageously seen fit to do in this instance,
through a film project that both defames my client and obscenely
profit. They can script their characters in provocative storylines
where common sense, decency and justice may never prevail, but none
of that will play very well inside a real court room in the real
world before a jury of real people. My client looks forward to that
day."
Arizona that the complaint filed by Ultimate Creations, Inc. against
Vince McMahon; Titan Sports; and the WWE will not be dismissed and
will go to trial.
"To survive the motion to dismiss his defamation claims, Warrior must
establish that the statements 'are reasonably capable of sustaining a
defamatory meaning,' and that the statements 'are not mere comment
within the ambit of the First Amendment.' Knievel v. ESPN, 393 F.3d
1068, 1073-74 (9th Cir. 2005) (quotations omitted). Defendants
believe that Warrior has failed to establish either of these
requirements. The Court does not agree. After examining the totality
of the circumstances in which the Defendants statements were made,
the Court finds that Defendants allegedly made statements about
Warrior that can be reasonably interpreted as factual assertions that
may have brought him 'into disrepute, contempt, or ridicule' or
impeached his 'honesty, integrity, virtue, or reputation.'
Consequently, Warrior’s claims against Vince and Linda McMahon will
not be dismissed."
In a statement made by Bernie J. Gernay of PSI Marketing Group whom
represents Warrior, he stated, "There is no denying the legitimacy of
this complaint, just as there's also no denying that there is the
illegitimate, choreographed world of professional wrestling and then there is
the legitimate rule of law in the real world. Warrior lives in the
real world. WWE and the McMahons apparently do not. Warrior has made
another successful, 'constructive,' not 'self-destructive,' life
outside his former successes creating and performing the one-of-a-
kind Ultimate Warrior character. The McMahons seem to have problems
with that, both acknowledging it and letting it go. They can run
their company any way they wish to, but they have no right to discredit
the integrity or try to ruin the life of any former talent who
chooses to no longer be a part of their entertainment act, let alone
do so as they have outrageously seen fit to do in this instance,
through a film project that both defames my client and obscenely
profit. They can script their characters in provocative storylines
where common sense, decency and justice may never prevail, but none
of that will play very well inside a real court room in the real
world before a jury of real people. My client looks forward to that
day."
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