The letter-writing battle between parties in the Wilder-Povetkin lawsuit is heating up as the parties have exchanged terse letters with the court about Wilder’s Motion to Dismiss the Povetkin lawsuit.
For background on the lawsuit, you can look here. Long story short, a bout between Deontay Wilder and Alexander Povetkin set in Russia for this past May was called off by the sanctioning body due to the fact that Povetkin tested positive for Meldonium. While the positive drug test is a factor in the subsequent events that transpired, it was not the key trigger which the parties are seemingly battling over.
At this point, the parties are fighting over Povetkin’s request to release over $4 million in funds lodged in an Escrow Account related to the WBC calling off the fight. Wilder’s attorneys notified the escrow agent not to release the funds. Povetkin’s attorneys claim that this was against the terms of the agreement and as a result it constituted a breach which triggered a liquidated damages clause of $2.5 million. Povetkin’s attorneys also claim that the fight was called off due to the fact that Wilder never intended to go to Russia for the fight. Thus, it was Wilder that breached his contractual duty to the escrow agreement as well as the bout agreement. In addition, Povetkin filed a defamation claim against Wilder and his promoter as a result of the comments regarding failing a drug test.
While the Motion to Dismiss was filed in late July, the court in which the lawsuit is assigned has a rule in which the parties must submit a 3 page letter as part of Pre-Motion Conference prior to filing of a Motion to Dismiss. The letter is to outline the reasons for the motion and give the non-moving party a chance to amend (change based on the argument) the Complaint. Povetkin’s attorney identify this misstep last week as well as arguing its claim to the court.
While Wilder’s attorney gloss over their missteps in a letter to the court dated August 5th they take direct aim at Povetkin’s attorneys for its substantive arguments to the Court. Povetkin’s attorneys responded to the letter and requested a Pre-Motion Conference.
Wilder's letter to court Aug 5, 2016
Letter From Arnold and Porter.08.05.16
Rules of Practice by JASONCRUZ206 on Scribd
Too much money involved in this one not for it too get ugly….the big 6 or 7m dollar pot to split is one thing, the sponsorships, and other local revenue (including gate) mean this one is going to get nasty. I saw Povetkin gets clean, and Wilder fighters him as soon as his arm and hand heal up. Good thing Wilder didnt injure himself while fighting Povetkin. Wilder may have that problem Mayweather had as a Jr FEatherweight and Lightweight, punching hard breaks your hand and once that happens, youre susceptible to it for the rest of your career. Hate to see that happen to the USA’s only heavyweight champion.