"Pacquiao Defamation Suit a Looser for Pacquiao"

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  • Cash Cow
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    #1

    "Pacquiao Defamation Suit a Looser for Pacquiao"

    Cant you just see the headlines when Manny loses his ridiculous lawsuit?



    This is a really ****** move by Pac unless they are just using this as a negotiating ploy to make Mayweather drop his demands for blood testing throughout the training period. This lawsuit opens Pac up to so much investigation about his training techniques and others who believe and have stated that he uses PEDs. If I were the lawyer representing Mayweather I would file a quick answer denying that Pac has suffered any damages as a result of any statements made and asserting that as an affirmative defense that any statements that may have been made are in fact true.

    I would then immediately schedule depositions with Pac, Roach, all of his former training partners, and anybody else who has been in any way involved in his training over the last ten years. I would also schedule a deposition of Arum and ask him about any and all conversations that he had with Pac and any of his representatives about why they will not agree to the testing (this should delve a little farther than the public relations spin that they have tried to put on this). I would then make the focus of our case that if Pac is truly clean why won't he agree to testing (this will resonate with a jury who doesn't follow boxing). I would also immediately petition the Court to require Pac to submit to random blood testing throughout the pending lawsuit. Pac will surely fight that and the Judge would be unlikely to grant it, but again the fact that they fought the testing would resonate with the jury.

    Pac has got to understand that he has to prove that he has never used drugs. Mayweather does not have to prove that he is dirty! Pac has to prove that he is clean. And given that he is unwilling to submit to tests a jury is going to have a hard time believing that. Additionally, because Pac is a public figure he can't just prove that it was unreasonable to think that he was on drugs, he has to prove that they knew that he was clean. This is a tremendous burden. It is not as if he just has to prove he didn't use drugs on a particular day or at a particular time. He has to prove that he never used PEDs and he has to prove that they knew he didn't use them. And even if he is able to prove that, in order to obtain damages he has to prove that the allegations actually cost him money.

    Forgive me if I have missed something, but I am not aware of any opportunity that has been denied Pac because of anything that Mayweather or his camp said. Additionally, even he could prove that he lost money because of PED allegations how can he prove that the money that he lost was because of something Mayweather said or because of something Malignaggi or someone else said. As many people have pointed out it is not as if the Mayweather family are bastions of credibility. Also finally the lawsuit is in Las Vegas which is Mayweather's own town. I cannot believe that there will not be at least one person on the jury that is a Mayweather fan. Good PR move, but they better settle or dismiss.


    Last edited by Cash Cow; 12-31-2009, 05:37 PM. Reason: I spelled a word wrong in the title
  • Cash Cow
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    #2
    BUMP
    [img]http://t0.gstatic.com/images?q=tbn:14isVpGt1wU8dM:http://1.bp.blogspot.com/_ipeSnHEXtn0/SffmyRdaWeI/AAAAAAAAAeQ/23LnZ_rcjs8/s400/snort_*******.jpg[/img]


    DAMN typo in the title......*DOH*
    Last edited by Cash Cow; 01-01-2010, 07:40 AM.

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    • Doctor_Tenma
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      #3
      I'm patiently waiting for this to backfire. Best believe I'm gonna enjoy this

      When people do ****** things, I can't help but laugh.

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      • Cash Cow
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        #4
        Originally posted by Dominicano Soy!
        I'm patiently waiting for this to backfire. Best believe I'm gonna enjoy this

        When people do ****** things, I can't help but laugh.
        It appears that in Nevada Pacquiao will have to prove BOTH 1) that the statements Made by the accusers are false and 2) that the statements were made with actual malice. Nevada case law states that one of the essential elements to a defamation claim in its state is that the plaintiff prove "a false and defamatory statement" See Lubin v. Kunin, 117 Nev. 107 (2001). And second if a statement is deemed solely opinion it is NOT actionable under Nevada law. There is an exception for statements that are deemed a mixture of opinion and fact (when they imply knowledge of undisclosed facts). But I don't see how any of these statements will rise to that level.



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        • DrewWoodside
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          #5
          Originally posted by Easy Work Sr.
          Cant you just see the headlines when Manny loses his ridiculous lawsuit?



          This is a really ****** move by Pac unless they are just using this as a negotiating ploy to make Mayweather drop his demands for blood testing throughout the training period. This lawsuit opens Pac up to so much investigation about his training techniques and others who believe and have stated that he uses PEDs. If I were the lawyer representing Mayweather I would file a quick answer denying that Pac has suffered any damages as a result of any statements made and asserting that as an affirmative defense that any statements that may have been made are in fact true.

          I would then immediately schedule depositions with Pac, Roach, all of his former training partners, and anybody else who has been in any way involved in his training over the last ten years. I would also schedule a deposition of Arum and ask him about any and all conversations that he had with Pac and any of his representatives about why they will not agree to the testing (this should delve a little farther than the public relations spin that they have tried to put on this). I would then make the focus of our case that if Pac is truly clean why won't he agree to testing (this will resonate with a jury who doesn't follow boxing). I would also immediately petition the Court to require Pac to submit to random blood testing throughout the pending lawsuit. Pac will surely fight that and the Judge would be unlikely to grant it, but again the fact that they fought the testing would resonate with the jury.

          Pac has got to understand that he has to prove that he has never used drugs. Mayweather does not have to prove that he is dirty! Pac has to prove that he is clean. And given that he is unwilling to submit to tests a jury is going to have a hard time believing that. Additionally, because Pac is a public figure he can't just prove that it was unreasonable to think that he was on drugs, he has to prove that they knew that he was clean. This is a tremendous burden. It is not as if he just has to prove he didn't use drugs on a particular day or at a particular time. He has to prove that he never used PEDs and he has to prove that they knew he didn't use them. And even if he is able to prove that, in order to obtain damages he has to prove that the allegations actually cost him money.

          Forgive me if I have missed something, but I am not aware of any opportunity that has been denied Pac because of anything that Mayweather or his camp said. Additionally, even he could prove that he lost money because of PED allegations how can he prove that the money that he lost was because of something Mayweather said or because of something Malignaggi or someone else said. As many people have pointed out it is not as if the Mayweather family are bastions of credibility. Also finally the lawsuit is in Las Vegas which is Mayweather's own town. I cannot believe that there will not be at least one person on the jury that is a Mayweather fan. Good PR move, but they better settle or dismiss.


          The irony of you calling Team Pacquiao ****** while not knowing how to spell the word "loser" in the ****ing title is thick.

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          • Spray_resistant
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            #6
            ***********

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            • Spray_resistant
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              #7
              ***********

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              • Killa_Kali
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                #8
                looser as in loose bowel movement?

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                • Doctor_Tenma
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                  #9
                  Originally posted by Easy Work Sr.
                  It appears that in Nevada Pacquiao will have to prove BOTH 1) that the statements Made by the accusers are false and 2) that the statements were made with actual malice. Nevada case law states that one of the essential elements to a defamation claim in its state is that the plaintiff prove "a false and defamatory statement" See Lubin v. Kunin, 117 Nev. 107 (2001). And second if a statement is deemed solely opinion it is NOT actionable under Nevada law. There is an exception for statements that are deemed a mixture of opinion and fact (when they imply knowledge of undisclosed facts). But I don't see how any of these statements will rise to that level.



                  Pacquiao has been clean, he might use that. Since you said both, I don't see how Pacquiao can prove Floyd Sr. had the intentions to harm him

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                  • Go Blue
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                    #10
                    Yeah I said this was gon backfire from day 1.

                    Mayweathers and Oscars lawyesr will be the best money can buy and they will have access into Roach, Arum, and Pacs whole operation.

                    DUMB MOVE BY PAC.

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