Top Rank vs. Gamboa: The Specific Points of The Lawsuit
By Rick Reeno
As BoxingScene.com reported earlier today , Top Rank officially filed a federal lawsuit in the state of Nevada against Yuriorkis Gamboa (21-0, 16KOs). The promotional company is seeking to recover damages due to an alleged "breach of contract" by Gamboa.
Gamboa, moving up by two weight divisions, was scheduled to fight Brandon Rios (29-0-1, 22KOs) on April 14th at the Mandalay Bay in Las Vegas.
However, Gamboa no-showed last week's press conferences in Miami and Los Angeles - and he refused to move forward with the fight, citing differences with his promoters Top Rank and Ahmet Oner of Arena Box. As a result, Rios will now face WBA interim-lightweight champion Richard Abril (17-2-1, 8KOs).
HBO was scheduled to televise Rios-Gamboa, but the network took a pass on Rios-Abril. Top Rank is currently working on a television deal. Junior welterweight Mike Alvarado will still collide with Mauricio Herrera in the co-feature.
BoxingScene has obtained a full copy of Top Rank's lawsuit, courtesy of boxing attorney Scott Shaffer. We outline the fine points of Top Rank's case against Gamboa. Certain points are full copies of Top Rank's claims, while other points are BoxingScene's shortened versions of the claims.
1. "However, upon information, Top Rank believes one or more rival boxing promotion companies and unknown individuals associated with them are at the root of Gamboa's wrongful conduct. These 'poachers' see what everyone sees -- a gifted boxer platformed by Top Rank for superstardom-- and they want to unfairly capitalize on what Top Rank orchestrated and built. Upon information and belief, the rival promoters and others promised Gamboa that if he breaches his contract with Top Rank, they will promote his fights."
2. "Gamboa signed with Ahmet Oner of Arena Box in February 2008. In June 2009, Top Rank and Arena reached an agreement to co-promote Gamboa, who contemporaneously executed a written attestation consenting to, ratifying and confirming the execution of the aforementioned between Top Rank and Arena and agreeing to be bound by all the terms and conditions thereof irrespective of any prior agreements with Arena."
3. "In February 2012, Top Rank and Gamboa reached an agreement for a fight with Brandon Rios on April 14, 2012 at the Mandalay Bay in Las Vegas."
4. "Top Rank and Arena satisfied Gamboa's request to receive "four times" his contractually guaranteed minimum [for the fight with Rios]. "
5. "On or about February 16th, 2012 - Gamboa and Top Rank agreed to all material terms of a contract to fight Rios - including date, opponent, travel arrangements, purses and advances."
6. "After agreeing to fight Rios, Gamboa requested, received and accepted in excess of $70,000 in advances from Top Rank and Arena in anticipation of the Rios bout."
7. "After reaching an agreement, Top Rank negotiated into a contract with the Mandalay Bay, entered and negotiated a contract with HBO, negotiated and entered into contracts with multiple international television broadcasters, entered into contracts with sponsors, entered into a contact with Rios, made financial and other commitments to undercard fighters, prepared and publicized tickets for the event, and sold thousands of tickets."
8 . "In comfirming his agreement to fight Rios, Gamboa specifically requested a press conference to be hosted in his hometown of Miami, Florida to promote the event. Top Rank and Arena agreed to arrange the press conference on March 5th, 2012, including securing an appearance by Mayor Carlos Gimenez. Top Rank and Arena spent thousands of dollars on travel and other arrangements to honor Gamboa's request."
9. Up until March 5, 2012 - no objections were received from Gamboa.
10. "Without warning, Gamboa failed to attend the Miami press conference on March 5, 2012 and his March 6, 2012 press conference in Los Angeles."
11. On March 5, 2012, Gamboa informed Top Rank that he had "no desire" to fight Rios on April 14th and "no longer wishes to be promoted by Top Rank or Arena."
12. On March 12, 2012, Gamboa repeated - this time in even more stark and unequivocal terms - that he "will not be fighting Brandon Rios on April 14, 2012" The fight, he wrote, "is simply not going to happen." Gamboa added that he "wishes to sever all ties with Top Rank."
13 . "Gamboa's unexpected repudiation of his agreement to fight on April 14 jeopardizes millions of dollars in contracts involving broadcasters, venues, other boxers, sponsors and many others."
Deport the unfaithful to where he really belongs......Comment by jbp23 on 03-15-2012
[QUOTE=Lineal Champ;11892992]I know exactly what the law says in Gamboa's situation. It is very clear. In Gamboa situation a bilateral offer was made. This is one that expects ACCEPTANCE by a promise from the offeree (Gamboa). A bilateral contract IS…Comment by crold1 on 03-15-2012
[QUOTE=jsfd26;11893022]Even tho Top Rank is throwing out this $70k advance out there out of nowhere I still don't believe it. How come we never heard of this advance before till now? All TR was going by was, "Gamboa agreed to…Comment by edgarg on 03-15-2012
[QUOTE=Atreyu Khalil;11893033]Where is the proof that shows the advance of 70K was in fact issued for the Gamboa-Rios fight? I wonder if Arum has a contract or agreement (non verbal) for the 70k advance or did he just write a…Comment by edgarg on 03-15-2012
[QUOTE=Hallaqsillaq;11892087]How do we know it was properly executed? We're just a bunch of guys on the net. Where is the evidence of agreements? Word of mouth? Third party allegations?[/QUOTE] Well, if we don't want to resemble chickens without head's, we…Post a Comment/View More User Comments (150)