Kevin Kelly and Tate Twins Take AEW Legal Battle to Appeals Court After Arbitration Ruling

AEW is about to keep battling legal drama—this time at the Eleventh Circuit Court of Appeals.

Kevin Kelly (legal name Kevin Foote), along with brothers Brandon and Brent Tate—collectively known to fans as The Tate Twins—have filed an appeal challenging the federal court decision that sent their lawsuit against AEW to private arbitration. The appeal was submitted Friday in the U.S. District Court for the Middle District of Florida, with the plaintiffs now seeking a formal review by the appellate court.

At the heart of the appeal is a June 11 ruling from Judge Harvey Schlesinger, who upheld the arbitration clauses found in the plaintiffs’ contracts with AEW. The judge determined that a “delegation clause” in the agreements meant all disputes—including whether the case even belonged in arbitration—must be handled privately, not in open court.

“The only issue being appealed is the arbitration portion of the order,” attorney Stephen P. New told POST Wrestling, confirming that both Kelly and the Tates are on board. “Although I think there are issues which intersect, such as whether or not defendants Khan and Riccaboni should be covered by the arbitration provision” in those contracts.

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The original lawsuit, filed in 2024, includes allegations of breach of contract, defamation, and more. Kelly claims fellow commentator Ian Riccaboni falsely branded him as a QAnon supporter online, something Kelly says directly contributed to his AEW exit. The Tates, meanwhile, allege they were publicly defamed by AEW CEO Tony Khan during a press conference following their departure.

Critics of arbitration procedures argue they often lean in favor of large companies, giving them a shield from public accountability. Because arbitration is confidential by design, it remains unclear if proceedings have begun or how far they’ve advanced.

In his ruling, Judge Schlesinger said the plaintiffs failed to challenge the delegation language specifically and instead offered “generalized” objections that did not hold up legally. The appeal now places the case in the hands of the Eleventh Circuit Court of Appeals, which oversees federal decisions from the Middle District of Florida. However, as of Friday night, the appellate court had yet to formally docket the case—something that typically takes a few days.

As the legal mess plays out behind the scenes, this appeal could determine whether AEW continues fighting these claims in secret—or if things finally go public.