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A Legal Bodyslam? Federal Judge Approves ESPN’s Motion To Intervene in Civil Suit Against WWE

Kit Yona, M.A.

Article by: Kit Yona, M.A.

Legal Writer

Reviewed by Joseph Fawbush, Esq. | Last updated on

In a professional wrestling tag-team match, much of the action centers on keeping a wrestler taking a beating from making contact with his partner (or one of his partners), which lets them swap roles. In a case seeking class action certification against the biggest pro wrestling organization in the world, the tag has been made to allow the planet’s largest sports network to hop over the top rope and turn it into a royal rumble instead.

On September 18, 2026, a federal judge in the U.S. District Court in Connecticut granted a motion to intervene to ESPN, allowing two of the sports behemoth’s companies to be named as co-defendants with World Wrestling Entertainment, LLC (WWE) in a proposed class action lawsuit filed by a pair of ESPN subscribers. The suit accused the WWE of “bait-and-switch” deceptive marketing practices over hidden costs for premium live events (PLEs) in violation of the Connecticut Unfair Trade Practice Act (CUTPA).

While the suit also accused ESPN of wrongful conduct and conspiracy, it named only WWE as a defendant when it was filed in January 2026 and vigorously fought the sports empire’s inclusion. Why would ESPN voluntarily open itself to potential liability? Beyond its “legal interest” in defending itself, ESPN’s subscriber agreement includes an arbitration clause and waivers against class action suits. This may become a legal piledriver that pins the plaintiff’s complaint for a three-count.

In This Corner, From the Fighting Cities of Stamford and Bristol ...

With millions of viewers on streaming platforms like Netflix and stadium sellouts for WrestleMania and SummerSlam events, the WWE stands alone at the top of the professional wrestling industry. Blending choreographed gladiatorial combat with telenovela-like plot arcs, twists, and turns, the WWE boasts legions of passionately dedicated fans who eagerly embrace kayfabe through every powerslam, flying dropkick, and RKO. This has translated to billions in revenue over the past few decades, with no end in sight.

Starting as the Entertainment and Sports Programming Network in 1979, what was once a humble basic cable sports network grew into its motto of “The Worldwide Leader in Sports.” Now owned by the Walt Disney Company, Hearst Communications, and the National Football League (NFL), ESPN remains supreme through exclusive rights to most major professional sports in the United States and its own streaming networks for college sports.

The WWE’s PLEs were previously available for an $11 monthly fee on the Peacock streaming network. In August 2025, it announced a five-year partnership to begin streaming WWE PLEs on the ESPN app and its new direct-to-customer (DTC) system, with the inaugural Wrestlepalooza event on September 20, 2025, serving as the debut. However, some fans detected a heel turn.

On January 8, 2026, two WWE fans - Michael Diesa, who subscribed to ESPN through Xfinity, and Rebecca Toback, whose subscription ran through YouTube TV - filed a complaint seeking class action certification in Connecticut, accusing the WWE of CUTPA violations and engaging in a civil conspiracy with ESPN. Diesa and Toback claimed that they were led to believe that an ESPN Unlimited subscription would provide WWE PLE access without additional charges. This proved untrue, as ESPN subscribers had to pay $29.99 a month for the new DTC service, which rose to $35.99 after a promotional offer expired.

The suit cites WWE president Nick Khan, who stated in an August 2025 press release that ESPN subscribers would get all WWE “Premium Live Events with no upcharge.” Seeking damages in excess of $5 million, Diesa and Toback’s suit sought to include everyone forced to pay the additional charges to access the WWE PLEs, targeting the WWE but leaving ESPN off the complaint.

However, ESPN didn’t want to be excluded. Under ESPN, LLC and BAMTech, LLC, it filed a motion to intervene on March 27, 2026. Claiming a “legally protective interest” in enforcing its subscriber arbitration provision and defending itself against allegations of unlawful behavior, ESPN argued it had the right to intervene under Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure.

U.S. Magistrate Judge Thomas O. Farrish agreed with part of ESPN’s rationale. While he didn’t find that ESPN met the requirements for 24(a), he ruled that ESPN’s argument was sufficient to support the motion to intervene under 24(b). The lawsuit accuses ESPN of breaking the law, and to prove that the WWE is guilty, it must also prove that ESPN did as well. Because CUTPA allows punitive damages, ESPN could face a sizeable award or settlement. This required a means to defend itself.

With the now-co-defendants likely to move to have the entire affair shunted to arbitration and sidestep class action completely, an appeal seems likely. If it stands, the ruling could become a bellwether precedent for other potential suits filed by those facing additional fees for premium content.

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