Both the WNBA and the Las Vegas Aces have filed separate motions to dismiss Dearica Hamby’s lawsuit, as reported by the Las Vegas Review-Journal.
Hamby filed the lawsuit in mid-August, alleging “repeated acts of intimidation, discrimination and retaliation” by the Aces and Becky Hammon. The motions filed by the league and Las Vegas claim that Hamby failed “to state a claim upon which relief can be granted.”
In her filing, Hamby claimed she lost marketing opportunities after being forced to move from Vegas to LA. She also alleged that the WNBA had pulled her marketing contract as a retaliation.
In the Aces’ motion, with Las Vegas represented by Gregory Gilbert, Dora Lane, and Erica Medley of Holland & Hart LLP, they state a general lack of evidence or facts of Hamby’s claims.
“Hamby’s retaliation claim is insufficiently pled because Hamby offers no facts to establish the requisite ‘but for’ causation, and assertions that are merely ‘consistent’ with liability do not meet the necessary pleading standards. Hamby’s discrimination claim is similarly deficient because Hamby does not present facts demonstrating she suffered some harm with respect to an identifiable term or condition of employment.”
The WNBA’s claim focuses on three specific reasons, as the Las Vegas Review-Journal laid out.
The league’s lawyers cite three “independent reasons” they believe Hamby’s case should be dismissed, including the argument that Hamby’s claims under the Civil Rights Act for unlawful employment practices “fail in their entirety because Hamby does not plausibly allege that the WNBA ‘employed’ her.”
Days after Hamby filed the lawsuit, Hammon spoke after an Aces game and vehemently denied the allegations.
With the season in its final days, this lawsuit and its resolution will likely carry over into the offseason.
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