Deontay Wilder files motion to dismiss against Povetkin, World of Boxing

Deontay Wilder and Lou DiBella have filed a Motion to Dismiss the claims of Alexander Povetkin and his promoter.  The motion reflects what might be a long, hard fight in court.

As you may recall, in June Wilder and his promoter, Lou DiBella and DiBella Entertainment filed a lawsuit against World of Boxing,  LLC (“WOB”) and Alexander Povetkin in New York.  The lawsuit claimed that Povetkin breached a Bout Agreement when Povetkin tested positive for Meldonium, a banned substance.  Due to the finding, the World Boxing Council (“WBC”) issued a ruling that the fight, set for May 21, 2016 in Russia, would not go forward.

When news of the positive test surfaced, Wilder’s attorney notified the Escrow Agent, that the  $4,369,365 deposited by Povetkin’s promoters should not be disbursed back to World of Boxing until a joint instruction from the parties “or a non-appealable order from a court of competent jurisdiction” advised the Escrow Agent it could disburse the funds.

Shortly after Wilder’s lawsuit, WOB and Povetkin filed 3 counterclaims.  Two claimed breach of contract regarding the Bout Agreement.  It claimed that Wilder was never in Russia on the date of the fight and this was the reason for the WBC announcing a postponement.  Secondly, it claimed breach due to the fact that Wilder’s attorney instructed the Escrow Agent not to release funds.

The third allegaton for defamation claims that Wilder’s camp stated “falsely” that the fight was “canceled rather than postponed.”  Also, there are accusations that Wilder’s camp stated Povetkin “cheated” due to the Meldonium finding.  Notably, the Meldonium issue is downplayed in the motion.

Wilder submitted a declaration which claims that he was in England training for his fight when he learned of the drug test but did not intend to return to the US until after an announcement from the WBC.  He claims he did not travel home until May 16, 2016.  He includes his boarding pass home as evidence.  They also submit the declaration of the travel agent that arranged Wilder’s flight back to the United States.  Wilder’s attorneys also cite a tweet from Povetkin’s promoter which stated that the fight was not going forward prior to the WBC announcement.

This evidence is meant to prove that Wilder’s absence from Russia during the timeframe of the fight did not cause the postponement of the fight.

As for the defamation claim, Wilder’s attorneys cite the fact that “truth is an absolute, unqualified defense” to a defamation claim.  In addition, opinion or rhetorical hyperbole is not actionable.  It also argues that WOB and Povetkin cannot prove that any statements made were done with “actual malice.”   This would relate to the comments about the positive test regarding Meldonium.

Wilder’s attorneys argue that Povetkin, as a public figure, must show the statements were made with knowledge that the statements were false or with reckless disregard of its falsity.

WOB and Povetkin’s complaint cite 13 statements of purported defamation.  Each of which Wilder’s attorneys strike down.

In addition, Wilder’s attorneys argue certain procedural issues which would preclude the lawsuit from going forward.

Memo of Law – Motion to Dismiss by JASONCRUZ206 on Scribd

WOB and Povetkin’s attorneys argue that the motion was filed in violation of the court rules in a letter to the court.

Letter From Arnold and Porter

Wilder’s attorneys were out of town and indicated that they would respond once they are backwhich is Friday, August 5th.

Letter From Judd Burstein

MMA Payout will keep you posted.