LAWYER EXAMINES PACQUIAO LAWSUIT

DON’T TAKE MATTERS INTO YOUR OWN HANDS….
Pittsburgh, PA- Much as you and I would prefer to bloviate about an actual fight between the world’s two best, Manny “Pacman” Pacquiao (50-3-2, 38 KOs) and Floyd “Money” Mayweather, Jr. (40-0, 25 KOs), we’re stuck talking about the defamation suit filed this week by Pacquiao against Mayweather, his father Floyd, Sr., uncle/trainer Roger, Mayweather Promotions, and Golden Boy President Oscar De La Hoya and CEO Richard Schafer. I’ll take off my boxing analyst hat and put on the lawyer cap so as not to discuss the appropriateness within the sport of one boxer suing another for something he said, and I’ll just stick to the (sigh!) civil complaint and legal process.

… YOU TAKE ‘EM TO COURT

In what often reads as a press release, Pacquiao’s twelve page suit alleges that the Mayweathers, De La Hoya and Schafer besmirched his reputation by claiming or insinuating that he ingests performance enhancing drugs (PEDs). In order to prove that their statements were defamatory, Pacquiao must show that they were intentionally or recklessly false and that they caused harm to his reputation. The amount of monetary damages Pacquiao receives would be based upon the harm caused, how much money Pacquiao’s out due to the comments in light of his extraordinary wealth, and any money needed to punish the defendants in order to get them and others to refrain from further comments. Because Pacquiao is a celebrity – i.e., a “public figure” – it’s not enough for him to show that the statements are in error, he must also show they were maliciously made.

BUT WHO TO SUE?

Interestingly, Golden Boy Promotions is not a defendant; not surprisingly, neither are uncle Jeff Mayweather nor boxers Kermit Cintron and Paulie Malignaggi, other Pacquiao accusers. In order to be found liable, defamatory statements must either be directly attributed to each defendant, or they must be responsible for them by requesting or authorizing them. Therefore, little Floyd can’t be held liable for something his dad said unless it was under his direction, and so on. As you can see, then, the legal path Pacquiao’s team must weave will be circuitous and somewhat tedious, as in many lawsuits. Not only must Manny show the claims are false (and that could get interesting), he must show they were malicious, who said them, and under whose direction or permission.

WON’T BE LIKE THE PEOPLE’S COURT

Expect the defense to move for dismissal of the claims, where they allege that the complaint on its face doesn’t even merit a jury trial; however, like most pre-trial requests for dismissal, this one won’t likely succeed, meaning that a jury trial circus is in the cards if all involved don’t come to their senses, or unless this is just a P.R. stunt. After tons of discovery requests, depositions, motions and Mayweather legal bills, jury trial would likely not commence for at least a couple years if not more, which can seem like an eternity in the boxing world.

WHAT (I HOPE) THIS IS REALLY ABOUT

If not to gain leverage in their mega-fight negotiations by eliciting an apology from team Mayweather along with say-so and perceived moral superiority about the method of drug testing, Top Rank chief Bob Arum will at least use this opportunity to attempt to jostle Golden Boy’s financial piece of the Pacman. Expect any negotiations in that regard or about a potential bout this year to include Pacquiao dropping this complaint. If that happens, you can take comfort in the knowledge that our discourse will move away from the courts and back to the ring. In the meantime, I’ll find some comfort in knowing that at least I didn’t have to write about the only thing worse than this lawsuit: the Pacman vs. Yuri Foreman! (If that debacle does go off, can I be the first to suggest that it’s entitled “The Chase.” Arum can pretend like that’s a reference to Manny’s quest for yet another division’s title, but we’d know what it really means.)

Brian Gorman
Note: Mr. Gorman is a practicing attorney practicing in “The Steel City.”

Source: ringtalk.com