Kevin Kelly (legal name Kevin Foote) and brothers Brandon and Brent Tate are appealing an earlier ruling that sent their lawsuit against AEW to private arbitration.
A notice of appeal was filed Friday in the U.S. District Court for the Middle District of Florida. The plaintiffs are asking the Eleventh Circuit Court of Appeals to review a June 11 decision by Judge Harvey Schlesinger, who upheld the arbitration clauses in their talent contracts and effectively paused the federal lawsuit while arbitration proceeds behind closed doors.
It’s unclear what, if anything, has transpired in arbitration at this point, which is typical given the private nature of that process. Critics of arbitration argue that it often favors employers and shields them, as well as other powerful defendants, from public scrutiny.
The underlying suit, filed in 2024, accuses AEW, its chief executive Tony Khan, and commentator Ian Riccaboni of breach of contract, defamation, and other claims stemming from the plaintiffs’ departure from the company. Specifically, the Tates claim they were defamed by Khan in his comments at a press conference just after the tag team was cut from the roster. Kelly’s claims included allegations that fellow commentator Riccaboni wrongly framed Kelly online as a supporter of QAnon, which Kelly says led to his termination from AEW.
In his ruling, Judge Schlesinger found that the plaintiffs’ contracts included a valid delegation clause, which required that even the question of whether a case belonged in arbitration must be decided in arbitration, not in public court. The plaintiffs, on the other hand, argued the clauses were unconscionable—so one-sided and unfair they should not be enforced. But the judge found their objections too generalized and not specifically targeted at the delegation language.
While the notice lists Kelly as bringing the appeal “individually and on behalf of all others similarly situated,” the plaintiffs’ attorney, Stephen P. New, confirmed that the Tates are also part of the appeal.
“The only issue being appealed is the arbitration portion of the order,” New told POST Wrestling in an email. “Although I think there are issues which intersect, such as whether or not defendants Khan and Riccaboni should be covered by the arbitration provision” in the plaintiffs’ AEW contracts.
AEW did not respond to a request for comment.
The Eleventh Circuit Court of Appeals is the appellate court that reviews decisions from the federal district court where the lawsuit was being litigated. As of Friday evening, a case had not yet been formally docketed in the appellate court, which is a normal delay. It may take several days for the district court to transmit necessary documents before the appeals court assigns a case number and officially opens the matter.
