The Alpha bankruptcy case is winding down, leaving Vince McMahon free to focus his efforts on the civil case with Oliver Luck.
Luck is suing McMahon and Alpha for the balance of his salary, which Luck claims should be due in full after being fired without cause. Luck is seeking $23.8 million in the case.
McMahon has decided to challenge that claim and is moving to prove that he had cause to relieve the former NFL QB of his XFL duties.
The cause is related to the mobile device provided to Luck by Alpha, which was meant to be used for business only. McMahon claims Luck used it for personal use on multiple occasions, and intends on proving so, once he obtains the passcode for the company-issued iPhone.
Luck has declined to provide the passcode, but his hands may be tied. Under Connecticut law, it is required that “an employee or applicant provide such employer with a user name and password, password or any other authentication means for accessing” any “electronic communications device supplied or paid for, in whole or in part, by such employer.”
The Athletic‘s Daniel Kaplan first reported the update to this case via Twitter. But anyone following the case knew this would eventually be an issue.
Luck has also submitted a motion to deny McMahon and Alpha from accessing the passcode stating that neither are his current employer. The statute doesn’t give any explicit rights to former employers.
Luck’s paperwork says that he has complied with the court, and that his report of use will be available by the January 8 due date.
Luck also stipulates that Vince did not provide the device, and therefor does not have the right to its contents.
A hearing has been scheduled for December 17th to determine whether Luck must provide the passcode to allow for McMahon and Alpha the opportunity to see its contents to determine if the device was used in a manner that would constitute a breach of contract.
Both sides have submitted their arguments, it’s now up to the court to rule.
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