This Week in ‘E – Legal Decrees

Columns

I try to decipher what Raven’s lawsuit against WWE means. Meanwhile No Mercy is in the books and hopefully Kelly Kelly will be in the books…er pages…of Playboy in a few short months.

Opening Witty Banter
It’s a slow news week in WWE this week, but that’s okay because it’s getting late already and time is slipping fast. I guess I’ll just fill the column with worthless banter. But then again how is that different than any other week? Seriously though if you don’t have WWE 24/7 do yourself a favor and get it as quick as possible. October’s selections have been absolutely amazing so far this month. Tonight’s column is brought to you by a DVRed version of this week’s TNA Impact. It’s about the only way I can get through the show. And how sad is it that my favorite part of the show has become Jeff Jarrett’s promos, something I absolutely abhorred a couple years ago?

The News of the Week
More news has come out regarding Raven, Kanyon and Mike Sanders’ lawsuit against WWE regarding the company’s independent contractor status. I don’t know have any ounce of legal knowledge, but let’s see if this can be broken down a little bit. WWE has responded to the lawsuit and basically tore the claims apart and filed a “Motion to Dismiss” which apparently means they want the case thrown out.

The case failed to “state a claim upon which relief can be granted,” which apparently this means that the lawsuit doesn’t ask for specific compensation and allows the courts to determine what the plaintiffs would be owed.

The case was barred by “applicable statues of limitations,” which WWE is saying that too much time has passed since those there worked for WWE. The plaintiffs apparently spell out that they can make the case within an timeframe.

The plaintiffs’ claims were a “impermissible attempt” to circumvent federal and state tax laws, with WWE claiming “neither [law] grants a private right of action.” I guess this means that if WWE misclassified their contracted workers then it is not up to these guys to bring up that point, but rather the state or federal government.

WWE also says that their claims are “preempted by the Employee Retirement Income Security Act,” which again means that it’s up to the government to take these actions, not a bunch of WCW mid-carders.

Then they said that the trio failed to “exhaust administrative remedies.” I guess this means they didn’t come to WWE upfront first, but rather went right to legal action.

Finally WWE says that the trio “lack standing” to assess punitive claims on behalf of WWE contracted performers, which basically means that this can’t be a class-action lawsuit because these three guys do not intrinsically represent the current WWE roster.

Raven, Sanders and Kanyon’s and their legal team have until October 20 to file a response or ask for more time to file a response.

It’s starting to look like that The Flock might be over their heads here. WWE’s crack legal team looks like they could take these guys out quickly and expensively. I don’t know if these three have the money, resources, time and energy to fight the WWE juggernaut. I’m still intrigued to see where this all ends up thought.

The robe that Ric Flair wore at WrestleMania 24 has been donated to the Smithsonian Institute in Washington DC. It will on display in the museum’s Pop Culture Exhibit.

That’s a really cool honor. That has to be the first and only piece of wrestling memorabilia to found in a museum such as that. I sure we won’t be seeing any ripped up red and yellow t-shirts in there any time soon.

This isn’t really WWE related but it I think it’s pretty cool anyways. HBO is teaming with Norman Lear of “All in the Family” fame to produce a wrestling-themed drama series entitled “Everybody Hurts.” It will be about a family who run a wrestling business in New York during the 1970s.

I’m already excited for it and it isn’t even a reality yet. My DVR is already set to record the whole series.

The company is hoping that John Cena can return by Survivor Series, being that it is in his background of Boston.

He’ll make it; I’m pretty sure Cena is part cyborg anyways.

In an interview with The Sun over in the UK, Maria spilled the beans that it looks like Kelly Kelly will be the next Diva to grace the pages of Playboy. She then went on to hint that she would love to do a tandem shoot with K2.

I’m already in line to buy that magazine.

WWE developmental territory FCW finally got a new weekly TV show down in the Tampa area. It will be broadcast on Sunday evenings at 6 pm on the Brighthouse Sports Network in the Tampa area.

That’s cool that they finally got TV. Haven’t they been doing tapings for like two months already?

Wrestler of the Week
Week of September 29 – October 5: Triple H
I’ve got to give the devil his due. This week has been a big week for The King of Kings, The Cerebral Assassin and The Game. He showed up on RAW on Monday night to help his old buddy Shawn Michaels take care of a couple bad guys, looked dominant in the Championship triple threat on the premier episode of SmackDown! on MyNetworkTV and then defended his WWE Championship last night at No Mercy against Jeff Hardy. Three shows, three appearances, three matches, three victories. A pretty good week the world’s luckiest son-in-law.

RAW’s On Tonight!
WWE.com has apparently stopped doing official previews for RAW so I guess I’ll just wing it from now on. Chris Jericho retained his World Heavyweight Championship and Batista earned number one contender status so expect some build-up for Cyber Sunday…I guess. It’s the one part of the Michaels-Jericho-Batista triangle that stemmed from Flair’s retirement that hasn’t really been explored so it should be good. CM Punk and Kofi Kingston’s campaign against Randy Orton and the new kids on the block picked up last night at No Mercy as well and I’m just begging this rivalry keeps steaming along until a proper elimination match at Survivor Series. Plus expect some wackiness from Santino Marella, the Honk-a-Meter and the all-of-a-sudden popular Charlie Haas. This week’s Haas impression? I’m hoping for Mantaur.

On Last Week’s Episode…
Norine and Curran cover SD!’s debut on MyNetworkTV.

Marshall jumps to Tuesday nights and gets EXTREME!

Marshall and Daniels talk RAW.

How They Rated
A.M. RAW (9.28.08) – .8

RAW (9.29.08) – 3.1

ECW (9.30.08) – 1.2

SmackDown! (10.3.08) –

This is Boring, What Else is There to Read?
Wiswell pays tribute to the Ring if Honor career of NWA World Champion “Scrap Iron” Adam Pearce.

Ditch looks back at his own collection of columns, spanning the past four years.

Glazer talks about Ring of Honor’s poor advertising efforts.

Bones has a good humor-filled about Ring of Honor.

Wells is back with the independent run down.

In Case You Didn’t Spend the $40
Matt Hardy beat Mark Henry (8:00) to retain the ECW Championship.
Beth Phoenix beat Candice Michelle (4:30) to retain the Women’s Championship.
Rey Mysterio beat Kane by DQ (11:00).
Batista pinned JBL (5:00).
The Big Show beat Undertaker (11:00) via referee stoppage.
Triple H pinned Jeff Hardy (17:00) to retain the WWE Championship.
Chris Jericho retained the World Heavyweight Championship over Shawn Michaels (23:00) in a ladder match.

IP Staff Roundtable Results for WWE Unforgiven
The Pulse Wrestling got together to put together a pretty good roundtable for last night’s No Mercy PPV. I must say the staff fared pretty well this time out. Is that a testament to our crack team or the predicable booking of WWE? Here’s how the staff fared.

Roundable Winner: Brad Curran: 7-0 (33-17)

The rest of the staff:
Mark Allen: 6-1 (108-42)
Andrew Wheeler: 6-1 (105-56)
Paul Beasley: 5-2 (44-24)
Danny Cox: 5-2 (165-137)
Paul Marshall: 5-2 (92-55)
Matthew Michaels: 5-2 (136-117)
Raffi Shamir: 5-2 (54-42)

Mark was a columnist for Pulse Wrestling for over four years, evolving from his original “Historically Speaking” commentary-style column into the Monday morning powerhouse known as “This Week in ‘E.” He also contributes to other ventures, outside of IP, most notably as the National Pro Wrestling Examiner for Examiner.com and a contributor for The Wrestling Press. Follow me on Twitter here.