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Lots of updates regarding the ongoing legal issues between Total Nonstop Action Wrestling and former TNA wrestler Charles "Konnan" Ashenoff stemming from Konnan (as I will refer to him from this point on) bringing action against the company via EEOC earlier in the year, which led to TNA filing a complaint in return in the United States District Court, Northern District of Texas, Dallas Division, seeking declaratory judgment against the international star.
Since I last wrote about the case, Konnan has petitioned to be named the plaintiff as to have TNA listed as the defendants in court. He petitioned the court to dismiss TNA's right to have the case heard in federal court and to dismiss their contention that his contract with the company would bar him from bringing legal action against the company for "personal and bodily harm." In a ruling on 8/11, Judge Jane J Boyle dismissed that petition, meaning the case as it currently stands would either go to court or be settled prior to a trial.
Konnan has also brought forth legal action against TNA President Dixie Carter and TNA Executives Jeff Jarrett, Wayne "Dutch Mantel" Keown (TNA creative) and Paul "Terry" Taylor (head of TNA's Talent Relations). All four are now listed as third-party defendants.
In documents filed on 8/11, it was revealed that Konnan is claiming that TNA executives Keown and Taylor provided him with prescription painkillers vicodin and somas in order to continue to perform as a professional wrestler after nagging hip issues worsened. As one would expect, TNA categorically denied those claims in their response. TNA also claimed that Konnan's kidney failure being a result of the actions of TNA management was "without merit" and "factually inaccurate" and beyond that, the alleged claims wouldn't even be actionable due to the contractual nature of the Independent Contractor Agreement Konnan signed with the company.
TNA claims that Konnan's signed Independent Contractor Agreements with the company noted that he understood the level of health risk involved in professional wrestling and by that Konnan signed the following: "I (Note from Mike: Konnan) hereby waive, discharge and release any and all claims I have, may have, or that I may ever have in the future, against TNA, its parent and affiliates, and against all of their respective agents, officers, employees and directors....(The "TNA" parties) that arise from or relate in any way to my participation in the activity of professional wrestling or in any related activities, whether caused by the negligence of TNA or otherwise." The same Agreement noted that Konnan agreed that he or his estate would not file suit or assert any demands or claims for "liabilities or damages of any and all losses, injuries or damages of any kind" coming out of his participation in working for the company and that he would "assume full responsibility for any and all risk of personal or bodily injury, death or property damage" and that he would hold TNA harmless from any of the above. Konnan's agreement also noted that he understood "injuries received may be compounded or increased by negligent assistance or procedures of the TNA Parties" and that he understood the agreement would extend to "all acts of negligence by the TNA Parties, including negligence in providing assistance."
In regard to accusations by Konnan of racial discrimination within the company towards him and his on air character, TNA noted that Konnan was playing the same character he had portrayed for many years prior to TNA ("an Hispanic 'gangster' who regularly used racially charged language and motifs") and categorically denied all claims of racism. TNA has claimed that Konnan did not begin making the racism claims until he was suspended by the company. In a March 2008 filing TNA claimed, "While Defendant suggests that he complained to TNA concerning racial discrimination, he continued to perform for TNA and to accept compensation from TNA rather than pursue other opportunities which he has admitted were readily available to him. Defendant continued to provide services to TNA, portray his "Konnan" character, and participate in the creatively developed storylines well after Defendant suggests those events took place. As is evidenced by his continued participation and his own previously existing character, Defendant was simply not offended by TNA's conduct."
The company also previously claimed in a March 2008 filing that, "TNA claims that any "comments related to race" Konnan "allegedly heard, or participated in, were actually uttered, they were part of, and necessary to, the creative process" and were "facilitated by TNA's successful development of its entertainment product."
In regard to Konnan's ownership claims of the LAX trademark and copyrights TNA again claims their Independent Contractor Agreement with Konnan covers the ownership of the LAX trademark and copyrights created during his period with the company. TNA claims their agreement with Konnan allowed the company to use "original intellectual property", including trademarks Konnan owned prior to the agreement and any "new intellectual property" created after the execution of the agreement, which was signed in 2005.
TNA's 8/11 filing alleged Konnan has been "making extortionate demands" of the company since being suspended in the summer of 2007 for violating his Independent Contractor Agreement. The cause of that suspension was not described. TNA provided copies of emails written by Konnan to Taylor, Jarrett, Carter and TNA's Steve Campbell where Konnan claimed he would be going on HBO's Real Sports for a 12 minute segment where, "the only topic of discussion will be TNA and how [it is] run."
TNA claimed that Konnan initially sought $300,000 from the company in the summer of 2007 (part of which was payment Konnan claimed in the email he never received for Spanish language commentary work during TNA's weekly Nashville PPVs). In the email from Konnan, he asked for a full release from his TNA contract (so he could take independent dates in the United States without TNA's interference), to "forget about the hip surgery loan" with Konnan noting he "owed" the company $16,000 but the company owed him $12,000 for commentary work (Konnan's math being $500 per week for six months of PPV) and "for all the mental, physical and racial torment you put me through, I want $300,000".
Konnan requested the payments be made in installments of $100,000 over three months and once the first payment was received and cleared, The Real Sports piece would be edited to remove any commentary on TNA as a company. In the email, Konnan offered to sign a gag order that would prevent him from speaking out against TNA or Panda Energy, as well as filing any future lawsuits against the company. Konnan closed the email, "If you do not agree to this, I will see you in the tribunals and possibly in front of congress. My offer is non negotiable."
TNA also claimed that after Konnan later retained counsel in March 2008, they received a 12 page letter from attorney Cary Ichter breaking down the wrestler's claims of racism and bodily injury. The letter included a claim that TNA was aware of Konnan's failing health in regard to his hip issues but ignored it and that Keown and Taylor "acting in their capacity of agents of TNA, provided a solution" - that solution being the painkillers Konnan alleges caused his kidney failure. The letter noted that Konnan's life expectancy had been shortened by his health issues and that based on medical history, he would likely be a candidate for future kidney transplants.
The March 2008 letter noted Konnan's character as well as an alleged "openly racist culture" within TNA, including "TNA management personnel, bookers and agents" speaking disparagingly against minorities. No specific management names are alleged in regard to the claimed racist behavior cited in the letter. It also alleged that minority performers were paid "substantially less for their services than other similarly situated non-minority performers." It also noted that TNA employed former WCW employees Taylor and Vince Russo, who were at the center of a racial discrimination suit brought against WCW in 2000 that the company later settled out of court with a number of plaintiffs). The letter included specific instances of racial language from Russo and Taylor during their time working for WCW. Ichter represented the plaintiffs in the lawsuit against WCW.
The 2008 letter by Ichter also stated that Konnan was suspended by TNA only after he began to voice his concerns over TNA's "racist environment" and asked to be released due to conditions being "unbearable." The letter noted that Konnan would be filing a claim with the EEOC and would be looking into damages due under Florida's RICO Act and the State's Drug Dealer Act as the painkillers were allegedly given to Konnan at TNA Impact tapings in Orlando, FL.
In his letter to TNA, Ichter wrote, "The current legal and political climate is not good for professional wrestling. The media has focused on the unseemly underside of the industry, and the public's apparent appetite for stories regarding the dark side of professional wrestling seems to be all but insatiable. No doubt, the controversy would only add fuel to the fire."
Ichter also noted, "the high profile filing of a claim against TNA - a claim that details, among other things, the criminal activities of TNA's management - at the very time Congress is set to hold hearings to investigate the industry can only cause TNA and the wrestling industry more headaches and heighten the possibility that the Federal government will undertake to regulate the industry."
In the letter, noting "litigation involving these matters is not in TNA's best interest", Ichter requested a one time settlement of $7 million made to Konnan. Ichter followed up writing, "While it would be easy to doubt the sincerity of our claims, I would urge you to consider history. WCW doubted we would file suit, but we did. WCW thought they could outlast the plaintiffs, but they did not. We maintained the suit for over two (2) years; we took dozens of depositions; we fought all the procedural fights. Ultimately, WCW settled. I would be happy to tell you how much money WCW paid, but WCW insisted on an iron-clad confidentiality provision. (That should tell you something). Between filing and settling, I am sure WCW spent millions. We did, but it was money well spent."
Ichter's letter to TNA in March 2008 closed noting that he was instructed to file cases against TNA if the company "will not agree to these terms or negotiate in good faith." A 36 page copy of the filing Ichter promised to bring forth in court including allegations of racism, drug use by TNA management and employees and TNA moving forward with the marketing and merchandising of the LAX trademarks, which Ichter claimed were created by Konnan, without proper compensation to him.
TNA's filing on 8/11 responded that Konnan's numerous accusations "have no good faith bearing and are simply an effort to browbeat TNA into paying a settlement."
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