The Oliver Luck-Vince McMahon lawsuit appears to be heating up as McMahon (and Alpha Entertainment, LLC, the former company that owned the XFL) has sued Luck. In turn, Luck has filed a Second Amended Complaint which includes his Employment Contract.
Luck is suing McMahon based on what his attorneys argue is a bad faith attempt to avoid to pay the former XFL Commissioner $23.8 million owed to him through his Employment Contract which was guaranteed personally by the WWE boss.
Meanwhile, McMahon and Alpha Entertainment maintain their counterclaim around Luck not returning a company cellular phone and dereliction of duties while commissioner. They argue Luck breached his employment contract and his fiduciary duty. McMahon argues that Luck did not seek or obtain approval of McMahon to leave XFL headquarters in March. They go on to state that he did not attend important meetings and did not report his daily or weekly activities.
In the Second Amended Complaint, Luck argues that McMahon did not provide written notice that he was not upholding his role as commissioner. Further, there was no 30-day opportunity to cure. Luck claims that the failure to provide him with written notice of a failing of his duties or an opportunity to cure these purported deficiencies was in of itself a breach of contract by McMahon. Luck attaches his Employment Agreement with McMahon as evidence.
Also submitted as an exhibit to his Second Amended Complaint was the termination letter, he received from Alpha Entertainment which outlined his “Gross negligence” in his duties as XFL Commissioner.
Plaintiffs 2nd Am Complaint… by MMA Payout
Set upon that backdrop, Luck attaches the response from his attorneys in which they rebut McMahon’s arguments that Luck committed gross negligence citing quotes from a Bankruptcy Court filing by XFL’s President and Chief Operating officer Jeffrey Pollack which stated that the company was a success.
Plaintiffs 2nd Am Complaint… by MMA Payout
They also cite Luck’s Employment Agreement regarding termination to show that there were no written issues outlined by the XFL and he was not given a 30-day cure period.
Payout Perspective:
The lawsuit is heating up with both parties engaged in a paper war. The lawsuit and counter-lawsuit will be heard together and trial is set for October 8, 2021. One would suspect that the parties will settle prior to October assuming that the motion to dismiss filed by McMahon is denied.
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