It was a long wait but 2023 saw Judge Richard Boulware finally issue his written opinion to grant class certification to the Le plaintiffs in the UFC antitrust lawsuit. The August Order, indicated that the plaintiffs in the ‘Bout Class’ could proceed together in its lawsuit that the promotion used anticompetitive methods to create a monopsony.
Order by MMA Payout
Assuming Judge Boulware does not grant Zuffa’s renewed motion for summary judgment (and it appears he will not) or a settlement (unlikely at this point) the trial date is set for April 2024.
The impact of this case could have huge ramifications in MMA business and how promotions could retain fighters. The lawsuit has taken over 10 years to proceed to this point and if this case goes to verdict we can expect a lengthy appeal.
But the fact that the lawsuit was granted class certification is a major hurdle overcome by the Le plaintiffs. In the Order, Judge Boulware accepted the expert opinions of each side including Dr. Hal Singer’s. It was Dr. Singer’s report which drew the most scrutiny, yet the Court allowed it.
The Olean case (aka the Tuna case), which was decided by the 9th Circuit and then appealed to the Ninth Circuit Court of Appeals was key to Judge Boulware’s decision and he paused the Order to await the decision in this case. From our post in August:
The issue central to the appeal in Olean Wholesale Grocery Co-Op v. Bumble Bee Foods, LLC (aka the Tuna case) in determining the class participants. The key takeaways from the Ninth Circuit ruling in the Tuna case is that the District Court need only determine whether plaintiffs’ evidence proves that a common question is capable of class-wide resolution and that there is no per se rule preventing certification of a class that includes more than a de minimis number of uninjured class members.
Central to the inquiry as it relates to the UFC Antitrust lawsuit is the fact that the plaintiffs’ expert(s) need not have to prove that all in the class of plaintiffs have been injured. While there may be a nominal number of uninjured class members, the argument by defendants in the Tuna case and by the UFC in the antitrust case is that more than a de minimis number of uninjured class members are a part of the class action litigation. As a result, the UFC would argue that since the experts of the plaintiffs cannot show that all of the presumed class of individuals cannot show the commonality of the injury, that the class cannot be certified. The current ruling from the Ninth Circuit that in determining class certification, the Court does NOT have to show this and only that it is capable of class-wide resolution
The Ninth Circuit denied review of the case due to the fact it was an interlocutory appeal. Thus, it preserved the right to review the case at its conclusion.
The information coming out of this case is enlightening for those not following it closely.
2024 could see big news in this case although the likelihood of an appeal looms.
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