• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

MMA Payout

The Business of Combat Sports

  • Home
  • MMA
    • UFC
    • Bellator
    • One
    • PFL
  • Boxing
  • Legal
  • Ratings
  • Payouts
  • Attendance
  • Gate

DiBella sues O’Shaquie Foster for breach of contract

April 1, 2021 by Jason Cruz Leave a Comment

Lou DiBella has filed a lawsuit against O’Shaquie Foster for breach of his promotional contract with his promoter.  The lawsuit invokes the ‘force majeure’ clause in the contract with Foster while the fighter’s attorney disagrees.

The lawsuit, filed earlier this week in the U.S. District Court for the Southern District of New York claims that the 130-pound prospect breached his contract with the promoter. He is seeking a declaratory judgment from the Court enforcing the ‘Force Majeure” portion of his contract.

On July 14, 2020, DiBella notified all of his fighters that he would be invoking the ‘Force Majeure’ clause in the fight contracts due to the global pandemic. This would effectively toll the contract six months and excuse the promoter from his conditions of offering fights.  In an email on September 18, 2020, DiBella’s counsel offered Foster a fight against Miguel Roman on November 19, 2020. It also clarified the tolling provisions due to the invocation of its ‘Force Majeure’ clause .

 Foster retained his own attorney which disagreed with the ‘Force Majeure’ invocation by DiBella. 

He also made a threat, according to the lawsuit, that “a defeat would result in the wholesale departure of its remaining stable of fighters.”

Payout Perspective:

We see another lawsuit resulting from the COVID-19 pandemic.  Similar to the Canelo Alvarez-DAZN lawsuit, the doctrine of ‘Force Majeure’ is being invoked.  Essentially, this clause in contracts excuses the performance of a party due to unforeseen circumstances.  The question will be the viability of this term in the lawsuit.  We note that the notification to fighters came out in July at a time when Top Rank had returned to boxing as well as the UFC.  Of course, there may be differing conditions related to their return.  Still, there was boxing occurring at a time when the promoter sent out notice to fighters that it was tolling the contracts.  MPO will continue to follow. 

Filed Under: boxing, Featured, legal

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Featured

FBI seeking no-bid contract with the UFC

Court denies Top Rank’s Motion to Dismiss in Keane case

Opetaia fires back at IBF in opposition to MTD

UFC 331 Payout Perspective

UFC 331 attendance, gate and bonuses

Scott Coker is back with Ki MMA

Archives

MMA Payout Follow

MMAPayout

Dementia characteristic no lie

Orla Joelsen @OJoelsen

What on earth is going on here?

Why is President Trump, spitting on the floor during a rally in North Carolina?

Cubs’ Finances Could Be Unsealed in Rooftop Suit Ahead of CBA Fight via @sportico

First #NBA game of the season and Detroit goes down big only to come back within 5 in the 3rd quarter

Retweet on Twitter MMA Payout Retweeted

Adam Silver looked at the unemployment rate and said fuck it start the season at 3pm

Boston-San Antonio #NBA Finals

Copyright © 2026 · MMA Payout: The Business of Combat Sports