Federal Court rules on Warrior vs McMahon case
Posted: Oct 15th 2007 By: mikeiles
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."
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