Jackson v. World Wrestling Entertainment Inc
4:23-cv-00172
N.D. Tex.May 9, 2023Background
- WWE hosted WrestleMania 38 at AT&T Stadium on April 3, 2022; Marvin Jackson alleges hearing loss from event pyrotechnics.
- Jackson attended using an electronic mobile ticket purchased and stored on his nephew Ashton Mott’s phone via SeatGeek; Jackson never viewed or physically possessed the ticket.
- SeatGeek’s purchase flow and confirmation emails required purchasers to check boxes acknowledging AT&T Stadium’s Terms and an "Arbitration and Release & Waiver of Liability Agreement" (hyperlinked).
- Accessing or accepting a transferred mobile ticket via the SeatGeek or Dallas Cowboys app required assent to the same Terms and hyperlinked Arbitration Agreement; attendees received additional "Know Before You Go" notices.
- WWE is explicitly listed as a "Released Party" in the Arbitration Agreement; there was no real dispute that the Agreement is valid or that Jackson’s alleged injury would fall within its scope if he were covered.
- Procedural posture: WWE moved to compel arbitration; the court granted the motion and dismissed the action with prejudice in favor of arbitration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a valid arbitration agreement covers the dispute | Jackson contends he never agreed to or had notice of the Arbitration Agreement because Mott purchased and held the ticket | WWE contends the Arbitration Agreement is valid and applies to attendees, and WWE is a released party | Agreement is valid and applicable if attendee is bound; court found Agreement valid |
| Whether Mott’s assent binds non‑signatory Jackson | Jackson argues lack of personal assent and notice means he cannot be bound | WWE argues Mott acted as Jackson’s agent and Jackson, by using the ticket, is charged with notice and bound | Mott acted as Jackson’s agent; Jackson is charged with notice and bound by the Arbitration Agreement |
| Whether Jackson’s claims fall within the Arbitration Agreement’s scope | Jackson argues his injuries should be litigated in court | WWE argues the alleged injuries fall within the broad waiver and arbitration scope in the ticket terms | Court held Jackson’s allegations fall within the Arbitration Agreement’s scope; compelled arbitration and dismissed case |
Key Cases Cited
- Miller v. Lykes Bros. S.S. Co., 467 F.2d 464 (5th Cir. 1972) (ticket terms bind passengers even if unread)
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) (preprinted ticket terms enforceable despite lack of negotiation)
- Arthur Andersen LLP v. Carlisle, 556 U.S. 624 (2009) (third‑party enforcement of arbitration provisions analyzed under state contract law)
- Newman v. Plains All Am. Pipeline, L.P., 23 F.4th 393 (5th Cir. 2022) (analysis when signatory seeks to bind non‑signatory to arbitration agreement)
- Edwards v. DoorDash, Inc., 888 F.3d 738 (5th Cir. 2018) (two‑step FAA analysis for compelling arbitration)
- Hofer v. Gap, Inc., 516 F. Supp. 2d 161 (D. Mass. 2007) (online purchaser can bind another traveling party via agency/assent principles)
