On August 25, 2017, in the United States District Court, Central
District of California, Judge R. Gary Klausner issued an opinion dismissing all
of the claims filed in 26 individual actions and 15 consolidated complaints
alleging that Defendants Floyd Mayweather, Mayweather Promotions, LLC, Manny
Pacquiao, Top Rank, Inc., Michael Koncz, Bob Arum, Todd DuBeouf and HBO all
concealed Pacquiao's shoulder injury and mislead the buying public into paying
for the fight that they would not have otherwise purchased.
Judge Klausner ruled that
letting these claims stand would "disrupt the nature and integrity of
competitive sports." Judge Klausner used the doctrine known as the
"license approach" in determining the legal rights of the ticket
purchasers. Under this doctrine, "a ticket to a sporting event gives
the purchaser 'nothing more than a revocable license' to view what transpires
at the ticketed event, regardless of prior promises or representations about
the performance."
Judge Klausner held that
"a misrepresentation or omission implicates the core of athletic
competitions, and therefore does not constitute a cognizable injury to a
legally protected interest under the license approach, if it is related to: (A)
competitive strategy, or (B) the quality or outcome of competitive
performance." Judge Klausner then reasoned that all of the alleged
misrepresentations of the Defendants in regards to Pacquiao's injury fell under
either competitive strategy or the quality of the performance.
"The Court is sympathetic
to the fact that many boxing fans felt deceived by the statements and omissions
made by the fight's participants and promoter. The proper remedy for such
unscrupulous behavior when it implicates the core of athletic competition,
however, is not a legal one. Disappointed fans may demand that fighters
be more transparent in the future, lobby their state athletic commissions to
impose more stringent pre-fight medical screenings and disclosure requirements,
or even stop watching boxing altogether. They may not, however, sustain a
class-action lawsuit."
"In this case, Plaintiffs
ultimately received what they paid for, namely: the right to view a boxing
match between Manny Pacquiao and Floyd Mayweather, sanctioned and regulated by
the Nevada State Athletic Commission. Plaintiffs had no legally protected
interest or right to see an exciting fight, a fight between two totally healthy
and fully prepared boxers, or a fight that lived up to the significant
pre-fight hype."
See Judge Klausner's opinion
below:
