Bellator files Reply Brief in Motion to Dismiss Alvarez’s claims
April 13, 2013
Bellator has filed its Reply Brief in support of its Motion to Dismiss Eddie Alvarez’s counterclaims. Bellator’s motion should be decided sometime this month.
Bellator’s counsel has requested an oral argument although its not known at this point whether the Court will grant this request.
The Reply Brief attacks Alvarez’s position in bringing its two counterclaims against Bellator for tortious interference and breach of contract. Notably, Bellator frames its argument to the Court by suggesting that there is not a case in the whole United States that allows a tortious interference or breach of contract claim where a party has attempted to match a matching rights clause in a contract. Bellator goes so far as using an exclamation point to highlight the fact that there is not one case in the United States supporting Alvarez’s theory. “To emphasize, we have not found one case in the United States!” states Bellator in its brief. An exclamation is a no-no in legal briefing. Its the equivalent of typing in all caps.
The brief supports the argument that Bellator had a legal, contractual right to proffer a contract to Alvarez to match Zuffa’s offer. Thus, Alvarez’s claims for “interfering” with his opportunity to obtain a contract from Zuffa and breach of the Bellator contract should be dismissed.
Bellator’s argument is that its submission of a matching offer does not give rise to a cause of action for tortious interference since Bellator claims its matching offer was not done with malice, a requirement it argues is needed to prove such a claim.
Moreover, it states that the communications between Bellator and Alvarez’s counsel in regard to Bellator’s efforts to match the contract offered to Alvarez by Zuffa are confidential communications. As a result, the Court should not consider it and therefore the claims must be dismissed.
Also of note in Belltor’s Reply is the argument that Alvarez’s cannot bring his Breach of Contract claim because the purported matching contract offered by Bellator to Alvarez has yet to be breached. The main argument by Alvarez is that Bellator cannot match the PPV terms as well as the platform (Spike vs. Fox).
A very strong Reply Brief that seemed a bit too strong. Its rare to use an exclamation point in legal briefing. Its almost a faux pas to do so. The brief attempted to pick apart Alvarez’s opposition brief to the point of criticizing Alvarez’s attorneys. It appears that the issue will boil down to whether Bellator’s attempt to match Zuffa’s contract was proper. This might not be determined at this stage of the lawsuit. Of course, Alvarez’s attorneys have requested the Court an opportunity to amend its Counterclaims if they are found insufficient. Thus, we may not see the end of this lawsuit anytime soon.