WWE files to dismiss MLW class action lawsuit

WWE has responded to MLW’s lawsuit against them, filing a motion to dismiss the suit. As reported in January, MLW filed a suit against WWE accusing them of anti-trust actions including intentional interference with contractual relations and intentional interference with prospective economic relations.

According to PWInsider, WWE filed the motion today in United States District Court, Northern District of California asking for dismissal because MLW “failed to plausibly plead a facially sustainable relevant market, monopoly power or anticompetitive conduct, or antitrust injury.” The motion argues that MLW’s claims are “unsupported by factual allegations, and … are entirely implausible.”

Additionally, the motion argues that MLW’s “unfair competition claim fails because (1) it is not tethered to some other viable antitrust or tort claim, and (2) MLW lacks Article III and statutory standing to assert such a claim.”

The court has set a hearing on September 29th for arguments on the motion to dismiss. You can see the WWE’s summary of the filing below:

“First, WWE moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss MLW’s federal antitrust claim because MLW failed to plausibly plead (1) a facially sustainable relevant market, (2) monopoly power or anticompetitive conduct, or (3) antitrust injury. WWE further moves to dismiss MLW’s remaining state law claims pursuant to Federal Rule of Civil Procedure 12(b)(1) because the Court lacks subject matter jurisdiction over them if the federal antitrust claim is dismissed.

Second, WWE moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss all state law claims should this Court exercises jurisdiction over them.

MLW’s claim for intentional interference with contractual relations is unsupported by factual allegations, and what allegations MLW pleads are entirely implausible. MLW’s claim for intentional interference with prospective economic advantage fails because MLW does not allege that WWE knew about MLW’s negotiations to sell a third party first-run programming, nor does MLW plausibly allege that WWE’s alleged single communication with the third party influenced its decision not to purchase MLW’s content.

Finally, MLW’s unfair competition claim fails because (1) it is not tethered to some other viable antitrust or tort claim, and (2) MLW lacks Article III and statutory standing to assert such a claim.

Finally, WWE moves pursuant to Federal Rule of Civil Procedure 12(b)(5) to dismiss MLW’s complaint for lack of personal jurisdiction because neither party is a resident of California, no harm specific to California is alleged, and none of the alleged misconduct took place in California.”

Court Bauer has responded to WWE’s motion to dismiss MLW’s lawsuit against them. Bauer issued a statement to PWINsider, which read:

“Of course WWE is scrambling to dismiss. They don’t want this thing to go to court. I look forward to that opportunity.”