New court documents in the lawsuit between DraftKings and its former Head of VIP Mike Hermalyn continue to lob barbs at one another.
Last month, DraftKings filed a motion to strike certain elements of Hermalyn’s response to the operator’s initial complaint. DraftKings contended that accusations about a business feud between the company and Hermalyn’s new employer, Fanatics, as well as the behavior of CEO Jason Robins was outside the scope of the suit.
In his response objecting to the request, Hermalyn not only stood his ground but also elaborated on the specific role Robins is allegedly playing in this legal battle.
“Robins has made concerning statements to individuals affiliated with DratKings and to several third parties about his true goals: to ruin Mr. Hermalyn (personally and professionally), to get his employment terminated by Fanatics, and to take him out of the industry altogether,” the response read.
The document also said Robins was “deeply wounded” at Hermalyn’s sudden departure to go work for rival Fanatics. These hard feelings and the company’s response is, according to Hermalyn’s counsel, a necessary part of his defense in this case.
Finally, the filing argued that there was no undue prejudice towards DraftKings because of what was said in Hermalyn’s response and that DraftKings had not met the high burden of evidence that striking portions of the brief required.
While the judge in this case weighs the arguments of both sides of this argument, the First Circuit Court of Appeals is still underway evaluating Hermalyn’s appeal of the temporary injunction that limits the scope of his employment with Fanatics. Last month, DraftKings filed its response, arguing that oral arguments appealing the case were not necessary.
