|
Post by CrazySting on Dec 18, 2010 13:29:35 GMT -5
Okay, bear in mind, I don't have a great deal of legal knowledge (I've only looked into wrestling lawsuits, like WCW's race lawsuit and Sable's one) but the amount of stuff TNA has (allegedly) done or is doing for a major corporate company is astonishing.
I remember Dave Meltzer noting that the Rob Terry chairshot would come back to bite them in the ass one day and was stunned they hadn't realized that when they scripted it. Particularly if Terry ever had any problems with concussions in later life. Basically: the chairshot was done when all the studies were out there and well known (also supposedly some people in management argued against it and specifically mentioned Nowinski to Bischoff and Dixie so they can't claim ignorance).
Sitution with women and pay has been talked about before. As has them not covering medical bills.
Now the latest allegations from Bill Brehens that TNA have knowingly let Jeff Hardy wrestle impaired, and how Hardy's sloppiness may have led to him botching the chairshot that messed up Anderson. Angle also broke a rib when Hardy messed up a move. Again, this could have happened even if he were sober, but, if it really is general knowledge in the locker room that he's using drugs, they are in a tricky position legally.
Also, the deal with Konnan was supposedly that they had to settle, because they didn't have a case, and didn't want anything else to come out.
I seriously cannot think of many company's that can get away with the amount of things TNA has been rumoured to. Thoughs?
|
|
|
Post by Red Impact on Dec 18, 2010 13:36:19 GMT -5
I understand that they're a subsidiary of Panda Energy, but aside from that, TNA's not a major corporation. That said...
The salaries and medical bills, no. The performers are independent contractors legally, TNA's not on the hook for either from what I know.
If there is something behind the Hardy allegations, they might be, but it's a shaky legal position at best. Especially since, as you said, those things can happen to sober people.
For the Konnan deal, settlements aren't proof of guilt or innocence of either party, it just means that they agreed to a resolution that wouldn't require courts.
|
|
|
Post by CrazySting on Dec 18, 2010 13:47:18 GMT -5
Part of Konnan's issue was medical bills.
I get the whole "no proof of guilt or innocence" issue but from what's been said by various people, Konnan had a strong case and at least part of the settlement was viewed as "hush money."
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Dec 18, 2010 13:52:18 GMT -5
As was said, TNA is not required to pay for medical bills or for the women to make a certain amount of money.
I would also say that the only way they could be sued for allowing Jeff to work while high would be if whoever he was wrestling complained to management and they made the guy do the match anyways.
|
|
|
Post by Red Impact on Dec 18, 2010 14:13:34 GMT -5
Part of Konnan's issue was medical bills. I get the whole "no proof of guilt or innocence" issue but from what's been said by various people, Konnan had a strong case and at least part of the settlement was viewed as "hush money." People always equate settlements as companies hushing people up, but they're just not. Konnan's case might not have been as strong as thought. The legal fees could have done far more to eat up any settlement he got. A settlement is just two parties deciding the best course of action is to reach an agreement outside of the courts. Aside from that, it's really impossible to judge their legal standing from a lone settlement.
|
|
|
Post by Madman Szalinski on Dec 20, 2010 23:36:52 GMT -5
I know we have lawyers on this board, so we'll have to wait for one to slide on through.
But if there was evidence sustainable in court proving or supporting that Jeff Hardy cracked Ken Anderson with a chair while high out of his mind, and if there was evidence sustainable in court proving or supporting that someone in charge knew and did nothing...then there has to be a chance for that lawsuit to exist, and therefore someone has to be considering that. If not, then TNA is as stupid as Vince Russo makes them out to be.
|
|
|
Post by spartan on Dec 21, 2010 0:29:47 GMT -5
I don't know shit about the court systems but I think the fact these people didn't raise any concerns and did the deeds anyway does not give credence to a lawsuit of any kind.
|
|
|
Post by golding on Dec 21, 2010 7:20:28 GMT -5
For Rob Terry, the question relies on whether he wanted to do it, and whether (if he didn't) he can prove it. I suspect he was fine with doing it. While it would help Terry's case if he did sustain some sort of injury, it would have to be demonstrable that the injury directly occurred by that particular chair shot and not another series of incidents. Much harder to actually prove.
The alleged situation with womens' pay and not covering medical bills, if true, is no crime. These would be contractual agreements that the wrestlers agree to. The only lawsuit is if TNA does not carry out its contractual obligations as agreed upon.
The accusation that Jeff Hardy wrestles impaired (sorry, not buying it) would be the only case to be made. But again, hearsay would not be sufficient to make a case. It would have to be demonstrable, and it seems like the govt is having enough trouble building a case that Jeff does it at all. That shows just how tough it can be to prove.
Settlements aren't always made because one side doesn't have a case. Lawsuits have a price tag even if you do have a case. It's just as likely that TNA found it less costly to just give Konnan his payday rather than have a drawn out trial strewn with bad press, which does exist.
|
|
hollywood
King Koopa
the bullet dodger
The Green Arrow has approved this post.
Posts: 11,122
|
Post by hollywood on Dec 21, 2010 8:59:12 GMT -5
I don't know s*** about the court systems but I think the fact these people didn't raise any concerns and did the deeds anyway does not give credence to a lawsuit of any kind. That's not exactly true. If they can effectively argue they were pressured into performing dangerous acts for fear of reprisal, they might have sufficient grounds for a suit.
|
|
|
Post by CrazySting on Dec 21, 2010 11:41:16 GMT -5
I know we have lawyers on this board, so we'll have to wait for one to slide on through.
But if there was evidence sustainable in court proving or supporting that Jeff Hardy cracked Ken Anderson with a chair while high out of his mind, and if there was evidence sustainable in court proving or supporting that someone in charge knew and did nothing...then there has to be a chance for that lawsuit to exist, and therefore someone has to be considering that. If not, then TNA is as stupid as Vince Russo makes them out to be. From what I understand, Ken wouldn't even have to prove Jeff was high on that specific occasion, proving that Jeff was using again and TNA knew about it and created an unsafe working environment, is enough.
|
|
|
Post by CrazySting on Dec 21, 2010 11:43:27 GMT -5
I don't know s*** about the court systems but I think the fact these people didn't raise any concerns and did the deeds anyway does not give credence to a lawsuit of any kind. Knockouts are known for being unhappy about pay. Kong said she complained a bunch of times to management. There's also a lot of fuss in the company about what Jeff Hardy's behaviour and people there know he's embarrassing them. People were divided over the Rob Terry chairshot too. It's not like they do this stuff and everyone there is fine with it.
|
|
|
Post by poi zen rana on Dec 21, 2010 12:40:15 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof.
Take a look at other big wrestling promotions, the WWE for example, and you will see a huge amount of accusations of horrible things. Most of those claims go unproven.
|
|
|
Post by CrazySting on Dec 21, 2010 12:43:08 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof. About 1 million people saw the Rob Terry chairshot.
|
|
|
Post by poi zen rana on Dec 21, 2010 12:46:17 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof. About 1 million people saw the Rob Terry chairshot. That doesn't really prove any wrong doing. Perhaps we saw Rob Terry getting a chairshot that he requested and the whole thing was his idea. Hypotherically the higher ups at TNA could have been unaware of it. It definitely wouldn't be the first time a wrestler has gone out of his way to take a very unsafe risk to make himself more respected as a hard ass.
|
|
|
Post by Red Impact on Dec 21, 2010 12:46:32 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof. About 1 million people saw the Rob Terry chairshot. And it's hearsay that Hardy was under the influence of anything when it happened. For the pay thing, they're independent contractors, again. They work on a contract for an agreed pay. I can't say I know anything about labor laws, but I just can't say I think there'd be a suit there.
|
|
hollywood
King Koopa
the bullet dodger
The Green Arrow has approved this post.
Posts: 11,122
|
Post by hollywood on Dec 21, 2010 12:54:20 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof. The burden of irrefutable proof lies with the accuser in a criminal case. In a civil case, which is what I think most people are asking, it doesn't have to be that black and white. It's been said, but if someone in the company can prove that Jeffy Hardy is using drugs and TNA is aware of it to some extent, the company could be in a world of hurt.
|
|
|
Post by CrazySting on Dec 21, 2010 12:54:32 GMT -5
About 1 million people saw the Rob Terry chairshot. That doesn't really prove any wrong doing. Perhaps we saw Rob Terry getting a chairshot that he requested and the whole thing was his idea. It wasn't. Bischoff was a fan, and either him or one of his allies came up with it to get him over. But they weren't. It was scripted. Again, it was scripted. Management even argued over whether to do it.
|
|
|
Post by CrazySting on Dec 21, 2010 12:55:34 GMT -5
About 1 million people saw the Rob Terry chairshot. And it's hearsay that Hardy was under the influence of anything when it happened. . Strong hearsay. But, besides, Hardy has been drug tested. What did those results say? Nothing was ever done about it anyway.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Dec 21, 2010 12:58:41 GMT -5
In all fairness - every wrestling promotion is a barrel of potential lawsuits.
|
|
|
Post by CrazySting on Dec 21, 2010 12:59:24 GMT -5
It seems to me that most of these are based on he said/she said types of incidents. If there were some evidence to these claims things would change, but I am not aware of the evidence so it's a bit tough to judge. The burden of proof lies with the accuser and I don't see any of that proof. The burden of irrefutable proof lies with the accuser in a criminal case. In a civil case, which is what I think most people are asking, it doesn't have to be that black and white. It's been said, but if someone in the company can prove that Jeffy Hardy is using drugs and TNA is aware of it to some extent, the company could be in a world of hurt. I think TNA screwed themselves when they did that round of drug testing...and did nothing about it. Let's say Jeff's failed the drug test....well, they just lost plausable deniability. And the results of that have to have been written down somewhere.
|
|