Hunt files First Amended Complaint against UFC, White and Lesnar

Mark Hunt has filed his First Amended lawsuit against the UFC, Dana White and Brock Lesnar.

A Motion to Dismiss was granted in part and denied in part on May 22, 2017 and Hunt had 10 days to file an Amended Complaint.  It was filed on Thursday, June 1^st .

Mark Hunt has filed his First Amended lawsuit against the UFC, Dana White and Brock Lesnar.

A Motion to Dismiss was granted in part and denied in part on May 22, 2017 and Hunt had 10 days to file an Amended Complaint. It was filed on Thursday, June 1st .

First Amended Complaint by JASONCRUZ206 on Scribd

Despite what most people thought about the Complaint, the First Amended Complaint contains more allegations including the RICO claim.  Only the claim for negligence appears to be the only subtraction from the original complaint.  Originally, I thought that this was due to the fact that you cannot claim tort damages out of a contract.  Yet, the First Amended Complaint cites the cause of action with Battery against Lesnar and Aiding and Abetting Battery for the UFC and White.  Battery is the intentional and voluntary bringing about an unconsented harmful or offensive contact with a person.  In its amended complaint, Hunt states that he “did not consent to about with a doping competitor.”  Thus, therein lies the claim for battery despite the fact both competitors consented to the physical contact.  The lawsuit notes that Lesnar had 137 total strikes and 51 significant strikes in their UFC 200 bout.

Claims in Hunt’s Original Lawsuit against UFC, Dana White and Brock Lesnar:

1. RICO 18 U.S.C. sec 1961 et seq.
2. Conspiracy to Commit Crime Related to Racketeering NRS sec 207.350 et seq.
3. Fraud
4. False Pretenses
5. Breach of Contract (UFC only)
6. Breach of Covenant of Good Faith and Fair Dealing (UFC only)
7. Negligence (UFC only)
8. Unjust Enrichment (UFC, Lesnar & White)

Claims in Hunt’s First Amended Complaint:

1. RICO
2. Conspiracy to Commit Crime Related to Racketeering
3. Common Law Fraud
4. Civil Aiding and Abetting Fraud
5. Breach of Contract (UFC only)
6. Breach of Covenant of Good Faith and Fair Dealing (UFC only)
7. Unjust Enrichment
8. Battery (Lesnar)
9. Civil Aiding and Abetting Battery (UFC and White)
10. Civil Conspiracy

The Ameded Complaint is similar to the original complaint, but with more specific facts, Hunt claims that he lost out on opportunities for his brand due to his loss at UFC 200 to Lesnar.  He also provided a list of appearance fees he earned prior to and after UFC 200.  The post-UFC 200 appearance list includes cancellation of appearances, a commercial and a movie shoot.  The estimated losses total $162,500.  $152,500 of that is in Australian Dollars.

He also notes reduced ad revenues from his website traffic.  He also claims he lost revenue from his clothing brand, Juggernaut.

The First Amended Complaint notes that in April 2016, Hunt and the UFC agreed to “an early renewal” of Hunt’s exclusive contract.  This would have occurred right after an impressive KO win against Frank Mir in March 2016.  He originally wanted $1 million per fight for 6 fights but the UFC declined.  The Amended Complaint states that he is one of the only fighters to have a contract which is paid in lockstep regardless of whether he wins or loses.  At UFC 200, his reported purse was $700,000.  At UFC 209, he made $750,000.

Payout Perspective:

Although there was no order issued by the Court in the Motion to Dismiss, the First Amended Complaint reflects the fact that only the negligence and false pretenses claims were dismissed while the other claims, including the civil RICO claims, remained unscathed in the Amended Complaint.  The First Amended Complaint provides more specific facts but does that mean that it will survive another attempt at a Motion to Dismiss?  Even though Hunt has amended his Complaint, it does not mean it is precluded from a lawsuit.  There seems to be a lot of speculation in the theories of the lawsuit for it to survive a dispositive motion (i.e, Motion to Dismiss or Motion for Summary Judgment).  Perhaps a settlement could happen considering the RICO violation (with treble damages) is still a possibility.

The phone texts will likely mean another lawsuit where Dana White’s cell phone usage will be at issue.  MMA Payout is the only source that will keep you updated with actual legal insight on the matters.