A new challenge has been issued regarding the WWE merger lawsuit to disclose various exhibits cited in the pre-trial briefs.
Reporter Brandon Thurston of this site and Wrestlenomics has filed a third challenge notice contesting the lack of public disclosure of certain exhibits, including portions of depositions, mentioned in the plaintiffs’ and defendants’ pre-trial briefs in the suit.
One joint exhibit that Thurston has challenged encompasses a graphic text on Vince McMahon’s phone, which is believed to have directly led to McMahon stepping down from his roles at WWE in July 2022. Thurston states that he is not seeking access to the graphic images, but rather the same text descriptions and readouts that were communicated to members of the board of directors.
From Thurston’s notice of challenge:
If (Exhibit) or any material challenged by this Notice contains graphic or sexually explicit images, this Notice does not seek access to those images themselves.
This Notice does seek access to any text descriptions or readouts of such images that may have been relayed to directors, and any communications among McMahon, Brock Lesnar, or others.
The graphic text was discovered in the summer of 2022, with Stephanie McMahon remarking in her deposition that “There is no board of a public company that would have a CEO with this kind of evidence against them.” Board member Michelle McKenna confirmed in her deposition that the graphic text was a “major event” causing McMahon to step down.
Janel Grant recently posted that this graphic evidence was shared with the special committee investigating McMahon without Grant’s consent or knowledge. The image(s) themselves were not shared, but the board members were provided with descriptions.
Last month, it was announced that the parties in the merger lawsuit had reached a settlement agreement in principle, cancelling their trial in the Delaware Chancery Court.
