Comments on: Affliction Files Motion to Dismiss Fedor Litigation, Plus an Examination of Allegations in Suit http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/ Tue, 07 Sep 2010 21:10:51 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Mixed Martial Arts Law Blog http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-303 Mixed Martial Arts Law Blog Mon, 30 Nov 2009 23:27:35 +0000 http://mmapayout.com/?p=6760#comment-303 <strong>M-1 and Affliction Face the Music...</strong> Although I've not yet commented on the case, most MMALB readers are probably aware that M-1 and Fedor Emelianenko sued Affliction for its cancelation of the Affliction: Trilogy event that had been scheduled for August 1, 2009. (For a good...... M-1 and Affliction Face the Music…

Although I’ve not yet commented on the case, most MMALB readers are probably aware that M-1 and Fedor Emelianenko sued Affliction for its cancelation of the Affliction: Trilogy event that had been scheduled for August 1, 2009. (For a good……

]]> By: Monday Morning Link O Matic Device | squabbles.com http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-302 Monday Morning Link O Matic Device | squabbles.com Mon, 16 Nov 2009 16:07:40 +0000 http://mmapayout.com/?p=6760#comment-302 [...] - Affliction files motion to dismiss Fedor, M-1 lawsuit. (MMA Payout) [...] [...] – Affliction files motion to dismiss Fedor, M-1 lawsuit. (MMA Payout) [...]

]]> By: dojo http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-301 dojo Sat, 14 Nov 2009 13:36:22 +0000 http://mmapayout.com/?p=6760#comment-301 M1 definitely has legs in regards to whether or not the agreement was extended past march. However they are complaining against a worthless (and probably non-existant now) company "Affliction Entertainment" The "Affliction said they would also sponsor m1 events" complaint pertains to affliction "clothing" (the company that actually has money) and this is claim is nothing as they dont even have an agreement for it. M1 definitely has legs in regards to whether or not the agreement was extended past march. However they are complaining against a worthless (and probably non-existant now) company “Affliction Entertainment”

The “Affliction said they would also sponsor m1 events” complaint pertains to affliction “clothing” (the company that actually has money) and this is claim is nothing as they dont even have an agreement for it.

]]> By: David Wolf http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-300 David Wolf Sat, 14 Nov 2009 09:35:02 +0000 http://mmapayout.com/?p=6760#comment-300 Steve, I would expect Fedor to argue that any agreement related to the Barnett fight acted as an extension of the original agreement, rendering the March 31 date meaningless. Definitely an argument I'd expect to see. Regarding potential earnings of the event as damages: in this case I think a court would rule potential earnings as too speculative to determine for those purposes. I'm now getting ready to fight in NAGA, NJ. Hit me up on Facebook if you want to read updates. I probably won't be posting anything on Payout until Thanksgiving week. Steve, I would expect Fedor to argue that any agreement related to the Barnett fight acted as an extension of the original agreement, rendering the March 31 date meaningless. Definitely an argument I’d expect to see.

Regarding potential earnings of the event as damages: in this case I think a court would rule potential earnings as too speculative to determine for those purposes.

I’m now getting ready to fight in NAGA, NJ. Hit me up on Facebook if you want to read updates. I probably won’t be posting anything on Payout until Thanksgiving week.

]]> By: mko http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-299 mko Sat, 14 Nov 2009 03:37:22 +0000 http://mmapayout.com/?p=6760#comment-299 damn, not the first law student to show up. damn, not the first law student to show up.

]]> By: Hockey » Blog Archive » Details of Fedor Emelianenko's Affliction Contract and M-1's … http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-298 Hockey » Blog Archive » Details of Fedor Emelianenko's Affliction Contract and M-1's … Sat, 14 Nov 2009 00:27:28 +0000 http://mmapayout.com/?p=6760#comment-298 [...] Wolf of MMA Payout broke the story earlier today that Affliction filed its motion to dismiss in response to the M-1 lawsuit I discussed on Bloody Elbow last week.  Needless to say, a motion [...] [...] Wolf of MMA Payout broke the story earlier today that Affliction filed its motion to dismiss in response to the M-1 lawsuit I discussed on Bloody Elbow last week.  Needless to say, a motion [...]

]]> By: MMA Pound 4 Pound Champ » Atencio On M-1 Lawsuit: ‘Affliction Does Not Intend To Rollover And Be Extorted By The Russian Visitors’ (Update) http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-297 MMA Pound 4 Pound Champ » Atencio On M-1 Lawsuit: ‘Affliction Does Not Intend To Rollover And Be Extorted By The Russian Visitors’ (Update) Fri, 13 Nov 2009 17:48:19 +0000 http://mmapayout.com/?p=6760#comment-297 [...] officially responded to the lawsuit M-1 Global and Fedor Emelianenko filed against them last week. They’ve filed a motion to dismiss essentially claiming M-1 has no grounds to sue them. Affliction’s Tom Atencio fired back with [...] [...] officially responded to the lawsuit M-1 Global and Fedor Emelianenko filed against them last week. They’ve filed a motion to dismiss essentially claiming M-1 has no grounds to sue them. Affliction’s Tom Atencio fired back with [...]

]]> By: Steve http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-296 Steve Fri, 13 Nov 2009 17:01:21 +0000 http://mmapayout.com/?p=6760#comment-296 Could the bout agreement be used as evidence perpetuating the original agreement past March, thus extending it? Also, can M-1 estimate potential earnings of the event to determine remedy? Or are they limited to Fedor's show money? Could the bout agreement be used as evidence perpetuating the original agreement past March, thus extending it?

Also, can M-1 estimate potential earnings of the event to determine remedy? Or are they limited to Fedor’s show money?

]]> By: mma guru http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-295 mma guru Fri, 13 Nov 2009 16:57:45 +0000 http://mmapayout.com/?p=6760#comment-295 I don't know much about law and contracts, but it does appear that Affliction are going to be in a bit of trouble unless there is some other contract documents that pertain to the Josh/Fedor fight that overrode what was written in the above agreement. Fights get canceled all the time, so perhaps there is some clause in the fight agreement that would wave Afflictions responsibilities. On a side note, I wonder if the reason M1 has decided to take on Affliction in court is due to them not getting such a lucrative agreement with Strikeforce. It would be a hard sell to believe that Coker would make such an agreement where he would pay M1 1.2 million plus giving M1 the global distribution rights. If Coker has made such a move, than the longevity of Strikeforce as company will be in serious jeopardy. Banking on a PPV to redeem that type of money would be an extremely bad business decision even with CBS promoting Fedor to the masses. I don’t know much about law and contracts, but it does appear that Affliction are going to be in a bit of trouble unless there is some other contract documents that pertain to the Josh/Fedor fight that overrode what was written in the above agreement. Fights get canceled all the time, so perhaps there is some clause in the fight agreement that would wave Afflictions responsibilities.

On a side note, I wonder if the reason M1 has decided to take on Affliction in court is due to them not getting such a lucrative agreement with Strikeforce. It would be a hard sell to believe that Coker would make such an agreement where he would pay M1 1.2 million plus giving M1 the global distribution rights. If Coker has made such a move, than the longevity of Strikeforce as company will be in serious jeopardy. Banking on a PPV to redeem that type of money would be an extremely bad business decision even with CBS promoting Fedor to the masses.

]]> By: Rob Maysey http://mmapayout.com/2009/11/affliction-files-motion-to-dismiss-fedor-litigation-plus-an-examination-of-allegations-in-suit/comment-page-1/#comment-294 Rob Maysey Fri, 13 Nov 2009 10:46:01 +0000 http://mmapayout.com/?p=6760#comment-294 Fedor-Barnett was scheduled for August 1, 2009. That is pretty convincing evidence that Affliction had agreed to "extend the contract." To put the point another way, if Fedor, after Affliction began promotional efforts, had signed a contract to fight with Strikeforce in the US and disregarded the Barnett fight, would Affliction have sued him? Fedor-Barnett was scheduled for August 1, 2009.

That is pretty convincing evidence that Affliction had agreed to “extend the contract.”

To put the point another way, if Fedor, after Affliction began promotional efforts, had signed a contract to fight with Strikeforce in the US and disregarded the Barnett fight, would Affliction have sued him?

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