Las Vegas Aces, WNBA File Motions to Dismiss Dearica Hamby’s Lawsuit | Aces

The Aces and the WNBA filed separate motions Wednesday seeking to dismiss a federal lawsuit filed against them by Los Angeles Sparks player Dearica Hamby.

Hamby’s lawsuit, filed a month ago in U.S. District Court in Las Vegas, alleged “repeated acts of harassment, discrimination and retaliation” leading up to and after the former Aces player’s January 2023 trade to the Sparks, when she was pregnant with her second child.

The WNBA and Aces’ motions to dismiss, obtained by the Review-Journal, state that Hamby’s application did not “set forth a claim upon which compensatory relief may be awarded,” as Hamby is seeking undisclosed damages for the loss of “reputational prestige” associated with playing for consecutive WNBA champions.

In her suit, she also alleges that she lost marketing and sponsorship opportunities because she was forced to move from Las Vegas to Los Angeles, and that the WNBA revoked her marketing contract with the league as a form of retaliation. She is also seeking compensation for emotional distress.

The Aces’ motion seeks to dismiss all of Hamby’s claims. The team is represented by Gregory Gilbert, Dora Lane and Erica Medley of Holland & Hart LLP.

“The false allegations against the Aces are not sufficient to constitute a plausible claim for damages,” the Aces’ lawyers argue in the document.

“Hamby’s retaliation claim is inadequately supported because Hamby fails to allege facts to establish the requisite ‘but for’ causation, and allegations that are merely ‘consistent’ with liability fail to meet the required pleading standards. Hamby’s discrimination claim is also defective because Hamby fails to allege facts showing that she suffered any harm with respect to an identifiable term of employment.”

The WNBA is represented by TALG Law, and New York-based law firm Proskauer Rose LLP is listed in the filing as seeking a limited license to practice outside its jurisdiction in the matter.

The league’s lawyers cite three “independent reasons” why 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 entirely because Hamby has failed to establish that the WNBA ‘hired’ her.”

This is a developing story. Check back for updates.

Contact Callie Lawson-Freeman at [email protected]. Follow @CallieJLaw on X.