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    Tuesday, May 14, 2024

    Yale law prof fires again at McMahon, "death clauses"

    A Yale University law professor wrote Monday to Republican Linda McMahon's Senate campaign, urging the candidate to clarify comments about whether her former company, World Wrestling Entertainment, had ever invoked so-called "death clauses" in its contracts with wrestlers.

    Robert A. Solomon, a clinical professor of law at the university, told reporters last week that McMahon's campaign had falsely claimed that the company had never invoked the clause, which holds the company harmless from legal action in the event that a wrestler dies.

    (WWE wrestlers are not, technically, employees; they are classified as independent contractors of the corporation.)

    In fact, WWE exercised that very clause in one of the most high-profile tragedies the company has experienced: the accident in which wrestler Owen Hart fell to his death during a performance.

    On Monday, Solomon wrote to McMahon directly about a quote given by the campaign's spokesman, who told the Journal Inquirer that WWE "never exercised that option."

    "I write to ask that you clarify the public record regarding this claim, which is false," Solomon wrote in the letter, which was obtained by The Day.

    The "death clause" is invoked in every paragraph of the WWE's 1999 legal complaint against Martha Hart, Owen Hart's widow, Solomon says. The WWE's lawsuit was filed after Martha Hart brought a wrongful death suit against the company, and Solomon noted that the company argued that that suit was in violation of the so-called death clause, and even entitled WWE to up to $75,000 in damages.

    "One can debate the merits of classifying these workers as independent contractors, and including such 'death clauses' in employment contracts," Solomon wrote. "I believe they are both immoral and unlikely to hold up in court is a matter of public record. One can also debate why WWE ultimately chose to settle its disputes involving Martha Hart. I have stated my professional opinion that the settlement likely reflects the weakness of your initial legal position."

    "Your company's decision to invoke the 'death clause' as grounds for defeating Martha Hart’s original wrongful death suit, and as grounds for seeking contractual damages from Martha Hart, however, is not up for debate. It is simply a fact and this fact completely contradicts the claims of your campaign."

    A pdf of Solomon's letter is attached. We've asked the McMahon campaign for a response, and will post it here when we hear from them.

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