The Ninth Circuit Court of Appeals reversed the trial court’s dismissal of Mark Hunt’s claims regarding Fraud and Battery sending back the lawsuit.
From our post earlier this year:
The appeals court heard the case approximately a week from the date of the issuance of the opinion. The Court sided with the UFC with Hunt’s breach of contract claim in affirming the dismissal of his claims and subsequent damages claim. However, the appeals court stated that the district court did not address Hunt’s theory of the case with respect to the fraud claim as to the fighter’s allegations that Lesnar was doping. Based on the evidence that Hunt was assured by White that Lesnar would be tested for banned substances, the Court sent back down for further discovery as to Hunt’s claim that the former WWE wrestler was allowed or not tested from the use of banned substances.
In addition, the battery claim pled by Hunt was overturned by the Ninth Circuit. The following Footnote explains the rationale as the ruling was predicated on the California Supreme Court Case of Avila v. Citrus Community College District. The Ninth Circuit noted that there was not a factual finding that “doping is within the normal scope of organized MMA activity, nor does the question appear to be beyond reasonable dispute.”
Zuffa did not appeal the appellate court decision so the case will be remanded back to the trial court unless there is a settlement. Hunt was pleased with the victory as he celebrated on social media. Hunt’s lawsuit is not over though, as there appears to be more discovery and the inevitable Motion for Summary Judgment that the UFC will file to dismiss the complaint yet again.
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