WWE Lawsuit Over ESPN PLE Streaming Access Takes New Turn With Latest Filing

The legal battle over WWE premium live event access through ESPN’s streaming platform continues to develop, as plaintiffs in a proposed class action lawsuit are now pushing back against efforts to pause the discovery process.

The lawsuit, originally filed in January, accuses WWE of engaging in deceptive marketing practices related to PLE availability on ESPN Unlimited. According to the complaint, some fans who already paid for ESPN through cable packages or other subscription services were still required to purchase an additional monthly subscription in order to watch WWE premium live events.

The plaintiffs contend that the requirement conflicted with promotional messaging from both WWE and ESPN. They argue that marketing materials led consumers to believe that existing ESPN subscribers would automatically receive access to WWE’s premium live event programming without needing to pay extra fees.

A new filing submitted by the plaintiffs seeks to prevent discovery from being stayed while the case moves forward. The filing argues that WWE should not be trusted to preserve potentially relevant evidence, citing recent legal findings involving WWE President Nick Khan.

That argument stems from a separate lawsuit tied to the WWE-UFC merger, where both Vince McMahon and Khan were sanctioned after the court determined evidence had been destroyed.

The latest filing suggests those findings raise concerns about allowing a delay in the discovery process.

Meanwhile, WWE has continued to seek a pause in discovery while it attempts to move the dispute into arbitration. The company has pointed to the arbitration clause contained within ESPN’s streaming user agreement and argues that the matter should be handled outside of court.

ESPN also became more directly involved in the case earlier this year. In March, the media company filed a motion to intervene as the legal proceedings continued to unfold.

For now, the court must decide whether discovery will proceed or be temporarily halted while the arbitration issue is resolved.

(H/T to Brandon Thurston and POST Wrestling)