On Wednesday, October 1, 2008 at 5:18 PM EST
PWInsider reports that WWE filed a motion to dismiss the lawsuit brought against them by former WWE wrestlers Scott "Raven" Levy, Mike Sanders and Chris "Kanyon" Klucarits in their hopes to reclassify pro wrestlers contracted by the company as employees and not independent contractors. The motion, which was filed yesterday in the United States District Court of Connecticut, was made on these grounds:
- The complaint failed to state a claim upon which relief can be granted.
- The claims were barred by applicable statues of limitations.
- The claims were a impermissible attempt to circumvent federal and state tax laws, with WWE claiming "neither [law] grants a private right of action.
- The 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).
A response from the attorneys representing Levy, Sanders and Klucarits are expected by October 20, although a motion to request for more time to draft a response is possible.
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