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From my blog @ theorchird.wordpress.com
There's been a lot of reporting on Manny Pacquiao's lawsuit against Floyd Mayweather Jr., and his camp. In addition, many have also questioned the apparent detrimental effect it could have in the negotiations of the fight.
Well, I'm here to say, it has nothing to do with the negotiations. Here's why.
Manny Pacquiao, in the lawsuit filed in U.S. District Court in Nevada on Wednesday, December 30, 2009, is suing Floyd Mayweather Jr., Roger Mayweather, Floyd Mayweather Sr., and both Richard Schaefer and Oscar De La Hoya of Golden Boy Promotions. What is Mr. Pacquiao suing for? Manny Pacquiao is suing for both compensatory and punitive damages. What is the damage? The damage is the tarnishing of his image, due to the defamation of character by those being sued.
A little bit about the history of this case: Manny Pacquiao, who always was marveled as one of the hardest punchers in the game, even at the lower weight classes, decided to move up from the 135 lb. weight division to 147 to fight Oscar De La Hoya. The event was hailed as "the Dream Fight", and it was said that Manny had a chance, but that Oscar De La Hoya would be too big and too strong for the much smaller Pacquiao. The result was a lopsided stoppage victory for Manny Pacquiao, who looked faster, quicker, smarter, as well as more powerful than the supposed bigger man. Next, Manny signed to fight Ricky Hatton. This was expected to be an ferociously paced action-packed fight, as De La Hoya was retrospectively regarded as "over the hill", and further from his prime than the relentless brawler from Manchester Hatton. Ricky Hatton was coming off of a TKO victory of Paulie Malignaggi, after a devastating shortcoming in defeat to the then-pound-for-pound king Floyd Mayweather Jr. Manny Pacquiao made Ricky Hatton look like a rank amateur, scoring a highlight-reel knockout of the Mancurian in the second round. Soon after, the Pacman signed to fight Miguel Cotto of Puerto Rico, one of the true elite fighters of the 147 lb. division. Miguel Cotto was supposed to be the toughest fight of Pacquiao's career, a big welterweight with tremendous skill and power. The fight started out highly competitive, though Pacquiao's dominance took over soon after the first few rounds, scoring two knockdowns on the way to another knockout victory for the Filipino superstar.
[youtube=http://www.youtube.com/watch?v=XQYgDf***R0&hl=en_US&fs=1]
This was when the talks of a possible Pacquiao-Mayweather fight began booming, with the buzz of the mere negotiations capturing the headlines of every sports news source. However, it became clear that there would be a huge roadblock in making the fight: debate over the form of drug testing to be used. Pacquiao's side wanted the standard Nevada Commission's drug testing, while Floyd Mayweather wanted Olympic-style random drug testing from the United States Anti-Doping Agency. Neither side would budge, and the Mayweather camp began making statements in su****ion of Pacquiao, and why he wouldn't submit to the Mayweather requests.
[youtube=http://www.youtube.com/watch?v=b_NV1a6NkX8&hl=en_US&fs=1]
Dobbs -I understand Pacquiao not liking having his blood taken because, frankly, I don't know anyone who really does. But in a fight of this magnitude, I think it is our responsibility to subject ourselves to sportsmanship at the highest level. I have already agreed to the testing and it is a shame that he is not willing to do the same. It leaves me with great doubt as to the level of fairness I would be facing in the ring that night. -Floyd Mayweather, Jr.
That motherf**ker's on that A-Side Meth, that's what the **** he on. It's called A-Side Meth. He on that, or he on something else. Because the A-Side Meth is what they used to...they used to have....you got, 500 years ago, remember when the Philippines was fightin' the U.S. soldiers? They was shootin' them motherf**kers with .45's, and the .45's was bouncin' off they mother***kin' ass. They wasn't even dyin'. And that's the same thing they was usin' then durin' the war, is the A-Side Meth, and that's what that motherf**ker's on. That drug makes you three times stronger than you naturally is.
-Roger Mayweather (Listen to the full interview here, it's hilarious!)
The result of all this speculation was a huge shock wave sent 'round the sports world, and that the seemingly freak of nature, Manny Pacquiao, the Fighter of the Decade, could be using banned substances to cheat the fans and sport. The result was a su****ion of the current pound-for-pound champion, if not a permanently tarnished reputation, with every accomplishment coming into question. Lawsuits do not seek the redemption of defamed reputation in cases of slander, or libel. It is not enough to say, "I take that back". These cases are awarded monetary damages.
In Manny Pacquiao's case, the damages he could receive compensatory damages for would be lost PPV sales, lost ticket sales, lost sponsorships, or other compensations he would receive for his performances or appearances. In my opinion, Pacquiao will receive little in compensatory damages, because these may be pretty difficult to prove.
Oscar: 1.25 Mill
Hatton: 850K
Cotto: 1.2 Mill
Clottey: 700K
These four numbers are Pacquiao's latest PPV sales. Notice the dip in number after the Cotto fight, when the steroid allegations began. However, it is important to note that Pacquiao-Clottey, although insiders hailed as a possibly difficult fight for Pacquiao, had very little promotion and was scheduled a small time after the fight was signed. Pacquiao has lost no sponsorships, and ticket sales were as high as ever. This means Pacquiao has little shot at receiving compensatory damages. It would be an interesting case if the Pacquiao camp tried to include the potential Mayweather fight that didn't happen in the suit for compensatory damages, although I believe it may not be considered a damage, as Pacquiao and the Mayweathers were not in contract to fight, they were simply in negotiation, which in no way means the two sides had a contract.
The part where Mayweather and his gang may run into trouble will be punitive damages. If Manny Pacquiao reaches the preponderance of evidence (if they argument leans just .01% in his favor), he will get punitive damages. Punitive damages (if necessary) are a question of fact to decided by a jury, and they are designed not as a means of compensation but punishment. If Pacquiao wins the trial, these punitive damages will be set by a punishable amount, which could range in the multi-millions, however the jury sees fit in punishing the Mayweathers and company.
But what about the fight? As you can see, Manny Pacquiao is simply looking to collect compensation for the damage done unrighteously to his reputation, and if a jury agrees with his case, is right to sue for them. Ironically, the more money he takes from Mayweather, I think the more likely Mayweather will need to get to work to keep the bank accounts happy(and the IRS).
There's been a lot of reporting on Manny Pacquiao's lawsuit against Floyd Mayweather Jr., and his camp. In addition, many have also questioned the apparent detrimental effect it could have in the negotiations of the fight.
Well, I'm here to say, it has nothing to do with the negotiations. Here's why.
Manny Pacquiao, in the lawsuit filed in U.S. District Court in Nevada on Wednesday, December 30, 2009, is suing Floyd Mayweather Jr., Roger Mayweather, Floyd Mayweather Sr., and both Richard Schaefer and Oscar De La Hoya of Golden Boy Promotions. What is Mr. Pacquiao suing for? Manny Pacquiao is suing for both compensatory and punitive damages. What is the damage? The damage is the tarnishing of his image, due to the defamation of character by those being sued.
A little bit about the history of this case: Manny Pacquiao, who always was marveled as one of the hardest punchers in the game, even at the lower weight classes, decided to move up from the 135 lb. weight division to 147 to fight Oscar De La Hoya. The event was hailed as "the Dream Fight", and it was said that Manny had a chance, but that Oscar De La Hoya would be too big and too strong for the much smaller Pacquiao. The result was a lopsided stoppage victory for Manny Pacquiao, who looked faster, quicker, smarter, as well as more powerful than the supposed bigger man. Next, Manny signed to fight Ricky Hatton. This was expected to be an ferociously paced action-packed fight, as De La Hoya was retrospectively regarded as "over the hill", and further from his prime than the relentless brawler from Manchester Hatton. Ricky Hatton was coming off of a TKO victory of Paulie Malignaggi, after a devastating shortcoming in defeat to the then-pound-for-pound king Floyd Mayweather Jr. Manny Pacquiao made Ricky Hatton look like a rank amateur, scoring a highlight-reel knockout of the Mancurian in the second round. Soon after, the Pacman signed to fight Miguel Cotto of Puerto Rico, one of the true elite fighters of the 147 lb. division. Miguel Cotto was supposed to be the toughest fight of Pacquiao's career, a big welterweight with tremendous skill and power. The fight started out highly competitive, though Pacquiao's dominance took over soon after the first few rounds, scoring two knockdowns on the way to another knockout victory for the Filipino superstar.
[youtube=http://www.youtube.com/watch?v=XQYgDf***R0&hl=en_US&fs=1]
This was when the talks of a possible Pacquiao-Mayweather fight began booming, with the buzz of the mere negotiations capturing the headlines of every sports news source. However, it became clear that there would be a huge roadblock in making the fight: debate over the form of drug testing to be used. Pacquiao's side wanted the standard Nevada Commission's drug testing, while Floyd Mayweather wanted Olympic-style random drug testing from the United States Anti-Doping Agency. Neither side would budge, and the Mayweather camp began making statements in su****ion of Pacquiao, and why he wouldn't submit to the Mayweather requests.
[youtube=http://www.youtube.com/watch?v=b_NV1a6NkX8&hl=en_US&fs=1]
Dobbs -I understand Pacquiao not liking having his blood taken because, frankly, I don't know anyone who really does. But in a fight of this magnitude, I think it is our responsibility to subject ourselves to sportsmanship at the highest level. I have already agreed to the testing and it is a shame that he is not willing to do the same. It leaves me with great doubt as to the level of fairness I would be facing in the ring that night. -Floyd Mayweather, Jr.
That motherf**ker's on that A-Side Meth, that's what the **** he on. It's called A-Side Meth. He on that, or he on something else. Because the A-Side Meth is what they used to...they used to have....you got, 500 years ago, remember when the Philippines was fightin' the U.S. soldiers? They was shootin' them motherf**kers with .45's, and the .45's was bouncin' off they mother***kin' ass. They wasn't even dyin'. And that's the same thing they was usin' then durin' the war, is the A-Side Meth, and that's what that motherf**ker's on. That drug makes you three times stronger than you naturally is.
-Roger Mayweather (Listen to the full interview here, it's hilarious!)
The result of all this speculation was a huge shock wave sent 'round the sports world, and that the seemingly freak of nature, Manny Pacquiao, the Fighter of the Decade, could be using banned substances to cheat the fans and sport. The result was a su****ion of the current pound-for-pound champion, if not a permanently tarnished reputation, with every accomplishment coming into question. Lawsuits do not seek the redemption of defamed reputation in cases of slander, or libel. It is not enough to say, "I take that back". These cases are awarded monetary damages.
In Manny Pacquiao's case, the damages he could receive compensatory damages for would be lost PPV sales, lost ticket sales, lost sponsorships, or other compensations he would receive for his performances or appearances. In my opinion, Pacquiao will receive little in compensatory damages, because these may be pretty difficult to prove.
Oscar: 1.25 Mill
Hatton: 850K
Cotto: 1.2 Mill
Clottey: 700K
These four numbers are Pacquiao's latest PPV sales. Notice the dip in number after the Cotto fight, when the steroid allegations began. However, it is important to note that Pacquiao-Clottey, although insiders hailed as a possibly difficult fight for Pacquiao, had very little promotion and was scheduled a small time after the fight was signed. Pacquiao has lost no sponsorships, and ticket sales were as high as ever. This means Pacquiao has little shot at receiving compensatory damages. It would be an interesting case if the Pacquiao camp tried to include the potential Mayweather fight that didn't happen in the suit for compensatory damages, although I believe it may not be considered a damage, as Pacquiao and the Mayweathers were not in contract to fight, they were simply in negotiation, which in no way means the two sides had a contract.
The part where Mayweather and his gang may run into trouble will be punitive damages. If Manny Pacquiao reaches the preponderance of evidence (if they argument leans just .01% in his favor), he will get punitive damages. Punitive damages (if necessary) are a question of fact to decided by a jury, and they are designed not as a means of compensation but punishment. If Pacquiao wins the trial, these punitive damages will be set by a punishable amount, which could range in the multi-millions, however the jury sees fit in punishing the Mayweathers and company.
But what about the fight? As you can see, Manny Pacquiao is simply looking to collect compensation for the damage done unrighteously to his reputation, and if a jury agrees with his case, is right to sue for them. Ironically, the more money he takes from Mayweather, I think the more likely Mayweather will need to get to work to keep the bank accounts happy(and the IRS).
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