Deontay Wilder and Alexander Povetkin head to appeal

May 25, 2018

The Deontay Wilder-Alexander Povetkin legal drama will not end.  The parties have given notice that they are appeal the federal district court’s decision.

Letter From Wilder 05.25.18 Appeal by JASONCRUZ206 on Scribd

The Southern District Court of New York has had a trial and summary judgment motions in this contentious lawsuit over whether Povetkin’s failed drug test for Meldonium was a breach of the fight contract between the parties or whether Wilder not heading to Russia, where the fight took place, was a breach of the contract.

Thus far, a jury found that Povetkin ingested Meldonium post-January 1, 2016.  The Court affirmed the jury decision after a Motion for Reconsideration and/or New Trial  by Povetkin (and his promoters at World of Boxing)was denied.  Yet, in litigating the other causes of action, the court determined on Summary Judgment that Povetkin did not breach the Bout Agreement although a jury trial determined that Povetkin ingested Meldonium and concluded that a VADA test on April 27, 2016 showed Meldonium in his system.  The court deferred to the WBC’s discretion to rule on culpability for its anti-doping program.  As such, the court concluded that since the WBC believed that Povetkin did not violate the Bout Agreement.

From our previous post on this issue:

In this case, after issuing several conflicting and indecisive rulings, the WBC finally decided on November 7, 2017 that notwithstanding the jury’s verdict in this case, it would adhere to its earlier decision that it was not possible to determine whether Povetkin ingested Meldonium after January 1, 2016.  In other words, the WBC exercised its discretion to determine that Povetkin did not violate the CBP [Clean Boxing Program, the drug testing entered into by the boxers].”

In addition, the Court has released the escrow funds held up by Deontay Wilder after the fight did not go forward.  However, the Court did not grant WOB the $2.5 million in liquidated damages that was included in the escrow agreement which would have been triggered if it was found that there was a breach.  The Court noted that there was not a judgment filed against Wilder and that his representatives made the objection for disbursement in accordance with the agreement.  The Court did not find a breach of implied covenant of good faith and fair dealing. It also did not find Wilder guilty of breaching the Bout Agreement for not showing up in Russia for the fight as the Court opines that there was no evidence of his absence for the fight in Russia caused the cancellation.

The District Court ordered the release of the money held in escrow of over $7.1 million dollars.

A cause of action by Povetkin for defamation against Wilder was not litigated, but its likely that this will be determined after the appeal.

Payout Perspective:

It only makes sense that this case was going to be appealed.  Both sides are appealing ruling from the court.  Wilder is appealing the Summary Judgment ruling which essentially overturned a trial court decision that Povetkin took Meldonium.  Povetkin might be seeking to go after Wilder for breach of the Bout Agreement and obtain a $2.5 million liquidated damages award that is a part of the escrow agreement.  The legal drama shall continue and MMA Payout will follow.

Showtime Boxing Saturday night peaks at 611,000 viewers

May 23, 2018

Showtime Boxing drew 535,000 viewers for the main event featuring Adonis Stevenson and Badou Jack.  The event peaked at 611,000 viewers according to Nielsen via ShowBuzz Daily.

The other fight on the card featured Gary Russell, Jr. as he defeated Joseph Diaz, Jr.  The fight drew 487,000 viewers and peaked at 567,000.  The undercard drew 0.14 in the A18-49 demo while the main event drew 0.15 in the A18-49 demo.

Payout Perspective:

The ratings are lower than its last card which featured Adrien Broner and Jessie Vargas battling to a draw. The event went up against the UFC on FS1 but the lower ratings is likely due to this fight being more for the hardcore boxing fan.

HBO’s BAD draws 711,000 for Munguia-Ali main event

May 17, 2018

HBO’s Boxing After Dark 711,000 viewers for the main event which saw Jamie Mungia stop Sadam Ali to win the WBO world junior middleweight title.

The fight peaked with 779,000 viewers according to Nielsen. It also drew 289,000 viewers in the A18-49 demo.  The other fight of the telecast saw Rey Vargas defeat Azat Hoyhannisyan via unanimous decision.  The fight drew 619,000 viewers and peaked at 740,000 It also drew 230,0000 viewers in the A18-49 demo.

Payout Perspective:

Saturday night was a busy night for combat sports as we’ve already discussed.  HBO’s viewership did well likely due to the fact that ESPN’s Top Rank Boxing was already finished by the time BAD took to the air.

Lomachenko-Linares draw 1.024M on ESPN

May 15, 2018

ESPN Top Rank Boxing Saturday night scored 1.024 million viewers according to Nielsen via ShowBuzz Daily.  The feature bout saw Vasiliy Lomachenko stop Jorge Linares.

The event began earlier than most main events with it starting around 6:30pm on the west coast.

The event scored 0.35 in the A18-49 demo.  It drew 0.51 in the M18-49 demo.

The event drew less than Lomachenko’s December showdown with Guillermo Rigondeux as that fight drew 1.73M viewers.  The December matchup started later in the night and was proceeded by the Heisman Trophy Presentation.  Still, Lomachenko-Linares outdrew the rest of the combat sports going on Saturday night.

Payout Perspective:

The ratings are a positive even though they were less than December’s fight.  The glut of combat sports on Saturday night and the earlier start time probably contributed a little to the lower number.  For those on the west coast, it was a little surprising to see the card starting at 5pm and the main event happening in the 6pm hour.  This may have helped those on the east coast but for those on the west coast it may have been hard to catch.

Court issues final order in Wilder-Povetkin but appeal likely

May 10, 2018

The Deontay Wilder-Alexander Povetkin case may be heading to an appeal if you believe the parties.  The Court has issued a final judgment and order in the case and indicated that money held in escrow be sent to World of Boxing.

Order May 10th by JASONCRUZ206 on Scribd

Final Judgment by JASONCRUZ206 on Scribd

The legal saga that has seemingly dragged on for years looks to be heading to the Second Circuit Court of Appeals.  With the exception of Povetkin’s legal cause of action for Defamation against In a letter from Povetkin/World of Boxing’s attorney’s, they advise the Court that Wilder intends to appeal the Court’s summary judgment ruling.  Povetkin/World of Boxing proposed to the Court that the remaining claim for Defamation is stayed until the resolution of the appeal.

The Court issued an order which ends the case (for now) and allows for World of Boxing to regain over $6 million held in escrow since April 2016.

Despite the ruling, the parties fought over whether the escrow funds could be disbursed or whether the Defamation claim must be litigated.  This contentious litigation will likely continue into the appeal.

Payout Perspective:

The parties of 30 days from the date of the Order to appeal the court ruling.  It looks like that Deontay Wilder’s legal team will do so and its hard not to blame them based on the ruling from the Court which appears to contradict a February 2017 trial that found Povetkin ingested Meldonium post-January 2016.  However, the Court adhered to the WBC’s ruling that it could not determine when Povetkin ingested Meldonium.  MMA Payout will keep you posted.

GGG draws 1.249M viewers on HBO

May 8, 2018

Gennady Golovkin’s return to the ring on Saturday drew 1.249 million HBO viewers according to Nielsen via ShowBuzz Daily.

GGG soundly defeated Vanes Martirosyan in the second right of their fight at the StubHub Center in Carson, California.  The fight viewership peaked at 1.361 million viewers.

The telecast featured the first women’s fight aired on HBO as Cecilia Brækhus defeated Kali Reis.  Their fight drew 904,000 viewers overall and peaked at 1.024 million viewers.

 GGG Fights on HBO (excludes PPV replays)

November 2013 vs. Curtis Stevens 1.41M viewers (fight only)

July 2104 vs. Daniel Geale 984,000 viewers (overall show drew 758,000)

October 2014 vs. Marco Antonio Rubio 1.3M viewers (fight only)

February 2015 vs. Martin Murray 862,000 viewers (fight only)

May 2015 vs. Willie Monroe, Jr. 1.338M viewers (fight only)

April 2016 vs. Dominic Wade 1.325M viewers (fight only)

September 2016 vs. Kell Brook 843,000 viewers (afternoon fight)

Payout Perspective:

The ratings are impressive considering this was widely thought of as an easy fight for GGG after the rematch with Canelo Alvarez fell through.  Also impressive were the ratings for the women’s fight which drew over 900,000 HBO subscribers and peaked with over 1 million viewers.

De La Hoya looking to start MMA promotion

May 6, 2018

Oscar De La Hoya may be competing with Dana White soon as he revealed plans that he may promote mixed martial arts in the future.

De La Hoya met with Chuck Liddell last week to discuss the possibility of fighting in a new promotion spearheaded by the former Olympian.  De La Hoya and Liddell spoke with TMZ about the possibility.  The two floated the idea that Liddell will face Tito Ortiz as a comeback fight.

Liddell last fought in June 2010, a loss to Rich Franklin at UFC 115.

Payout Perspective:

It’s clear that White is getting into the boxing business.  But, De La Hoya’s announcement that he’s interested is certainly something to keep an eye on in 2018.  It would take a financial backing to do something like this.  I don’t think that a Liddell-Ortiz fight will sustain a promotion.  It would also take a television and sponsorship deal for this undertaking to be successful.

GGG earns $1M for Cinco de Mayo Fight

May 5, 2018

Dan Rafael of ESPN reports the purses for Saturday’s GGG event on HBO.  Gennady Golovkin made $1 million per the California State Athletic Commission.

GGG’s opponent, Vanes Martirosyan, made $225,000.  Martirosyan was the replacement for Canelo Alvarez after his failed VADA drug tests which led to a suspension of his license by the Nevada Athletic Commission.  Alvarez was handed a 6-month suspension from the NAC as a result.

Other disclosed purses per Rafael include: Cecilia Braekhus $50,000, Kali Reiss $20,000.  Not on HBO: Ryan Martin $25,000, Breidis Prescott $10,000.

Payout Perspective:

Obviously GGG would have made more in a rematch with Canelo Alvarez but he choice to stay busy garnered him a nice payday. 

Wilder and Povetkin/World of Boxing legal drama not over yet

May 2, 2018

The Deontay Wilder-Alexander Povetkin legal drama continues despite a Motion for Summary Judgment motion that seemingly answered all the questions left in the lawsuit.  All, except for when World of Boxing (“WOB”), Povetkin’s promoters might recoup the money that has remained in escrow since the start of this dispute.

We’ve covered the exhaustive background of this case since the lawsuit was filed.  For background from beginning, check this post and for the most recent filing you can look here.

On April 25th, the court entered an Order which relied on a U.S. Supreme Court case, Hall v. Hall, which determined whether consolidated cases under the Federal Rules of Civil Procedure are “immediately appealable upon an order disposing of that case.”  In this case, the World of Boxing has a claim for defamation which was stayed pending resolution of the rest of the claims.  The Court is concerned that the parties have not litigated this portion in the lawsuit assuming no final judgment would be filed.

Order dated 4.25.18 by JASONCRUZ206 on Scribd

However, the World of Boxing presented a Notice of Presentment of Proposed Final Judgment last week for the Court to sign which would have allowed for WOB to present to the escrow agent and disburse funds back to WOB.

A telephone conference originally set for April 26th has been moved back to May 10th.  The parties are expected to address the situation.

Ahead of their teleconference, the parties were offered to address the issue in letter form to the court.

Wilder sent a letter dated April 24, 2018 to the court:

Letter From Deontay Wilder 4.24.18 by JASONCRUZ206 on Scribd

The biggest argument in the letter was that the Court’s April 19, 2018 Opinion and Order granting in part and denying in part the parties’ motions for summary judgment, had the effect of dismissing “all claims” except the defamation claim.  WOB’s attorneys noted, “Judge Gorenstein concluded that the Bout Agreement granted complete discretion to the WBC to decide any doping question in this case, which had the effect of overruling the jury’s verdict that Povetkin ingested meldonium when it was banned.  It also pointed out that the Opinion and Order did not direct entry of a final judgment.

In its letter, it argues that consolidated cases retain their separate identity “to the extent that final decision in one is immediately appealable by the losing party.”  Here, WOB cites the U.S. Supreme Court in Hall v. Hall.

On the same day, WOB responded:

Letter From WOB 4.24.18 by JASONCRUZ206 on Scribd

Wilder argued that the Hall case differed from the instant case.  Wilder’s attorneys argued, “[I]t would make no sense and ill-serve judicial economy to grant Defendants’ request for entry of two separate judgment on the same claims in two different cases.  To the contrary, such a result would sow serious confusion before this Court and on the appellate level, and there is no precedent to support that outcome.”

Payout Perspective:

 From WOB’s perspective, the argument by Wilder is seemingly a way to prolong the litigation to prevent WOB from receiving the millions of dollars kept in escrow.  The fundamental legal argument is whether the defamation claim is separate from the other claims made by the parties.  The U.S. Supreme Court case has varied interpretations by the parties.  Wilder believes that there should be one entry of judgment while WOB believes that there could be two judgments made for the one case.  Once again, it appears that the Court was not clear in its ruling as its Order deciding the Motions for Summary Judgment could have outlined the issue or gave guidance as to whether an entry of judgment should occur or pending the litigation of the defamation claim.  The question one might ask, is whether dismissing the claim would allow for this case to end barring appeal.  We will see May 10th.

Three live boxing events Saturday night split viewership

May 1, 2018

Boxing was big on television Saturday night with 3 live telecasts for fans to choose.  Each telecast outdrew Bellator on Paramount ratings.

HBO’s telecast featuring Daniel Jacobs was the highest-rated fight on cable television.

Jacobs’ unanimous decision win over Maciej Sulecki drew 811,000 viewers and 341,000 in the A18-49 demo.  It drew a household rating of 0.54.  Jarell Miller’s win over Johann Duhaupas drew 706,000 viewers and 290,000 in the A18-49 demo.  It drew a household rating of 0.48.  The ESPN Top Rank Boxing telecast which started prior to HBO’s telecast drew 701,000 viewers with the feature fight being Jessie Magdaleno taking on Isaac Dogboe.  It drew 259,000 viewers in the A18-49 demo and 0.49 household rating.

The overnight rating for PBC on Fox drew 839,000 viewers and a rating of 227,000 in the A18-49 demo.  It drew a 0.59 household rating.  The telecast started 6 minutes later from its original 8:30pm ET start due to an overrun from motorcycle racing.

All ratings from Nielsen via ShowBuzz Daily.

Payout Perspective:

The Jacobs fight outdid the Adrien Broner-Jessie Vargas fight last Saturday on Showtime.  The HBO telecast is impressive considering Jacobs is a solid fighter but his most notable fight was a close loss to GGG.  The Fox telecast was low and went up against the NHL Playoffs on NBC and an NBA Game 7 on TNT at about the same time.  The ESPN telecast improved from the 407,000 viewers it received last month.   The ratings reflect a niche for viewers as each telecast outdrew Bellator on Paramount Saturday night.

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