Update on Fedor/Affliction Lawsuit

It has been a little over a year since Affliction had to cancel its third PPV at the last minute. Fedor Emilianenko, the company’s main attraction filed suit as a result of Affliction’s sudden demise. 

In October 2009, Fedor Emilianenko and M-1 filed suit against Affliction for breach of contract in Los Angeles. Fedor and M-1 Global, Fedor’s promotional group, seek damages as a result of Affliction’s cancellation of its third PPV. Fedor’s contract guaranteed three fights. The lawsuit claims that Affliction did not make reasonable attempts to find a suitable replacement for Fedor’s opponent, Josh Barnett. Barnett was taken off the card as he was denied a license to fight due to a failed drug test.

The following are developments in the case:

• In February, Affliction’s original attorney, Michael Bassiri, was replaced by Judd Burstein of New York. Steven Silverstein of Orange, California is Affliction’s local counsel. According to Burstein’s web site, he currently represents Oscar de la Hoya and has represented boxer Lennox Lewis, Don King and Donald Trump.
• On July 15th  the Fedor/M-1 legal team filed a motion to depose Affliction co-owner’s Tom Atencio and Todd Beard. Legal filings between the opposing sides show a failure to agree on dates to schedule the depositions.
• On July 28th, on a motion filed by the Fedor/M-1 legal team, the court moved the trial date from November 16, 2010 to June 7, 2011.

Payout Perspective:

Based upon the recent court filings, the lawsuit aims to be a tough battle inside and outside the courthouse. The depositions of Atencio and Beard should be interesting, if not contentious. The hiring of a New York attorney that has handled high profile figures reveals a possible shift in litigation strategy for Affliction. It will be interesting to see the amount of information that will be obtained through the discovery process.  Hopefully, the information may shed light on the unique contractual relationship between M-1 and Affliction.