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Scott Shaffer
Boxing Talk
March 21, 2011
Judge denies request to dismiss Pacquiao's libel suit
Manny Pacquiao may not be able to get Floyd Mayweather in a boxing ring, but he is going to get his day in United States federal court against Mayweather, and Golden Boy Promotions as well. United States Judge Larry R. Hicks in Nevada has denied Golden Boy Promotions’ and Mayweather Promotions’ attempt to throw Pacquiao’s defamation lawsuit out of court. As a result, the various defendants will have to justify their public accusations that Pacquiao used performance enhancing drugs (PEDs). In December 2009, Pacquiao sued Golden Boy Promotions, Oscar De La Hoya, Richard Schaefer, Mayweather Promotions, Floyd Mayweather Sr., Floyd Mayweather Jr. and Roger Mayweather for defamation over press reports linking him to PEDs. In 2010, the Golden Boy defendants and the Mayweather defendants filed separate motions to dismiss.
In a written opinion released today, Judge Hicks wrote, “defendants’ alleged statements are actionable defamatory statements because they falsely assert an objective fact: namely, that Pacquiao was using and had used PEDs. First, the court finds that a reasonable listener would understand and interpret the moving defendants’ statements to imply that Pacquiao has used and is using PEDs... Further, the court finds that the alleged statements are presupposed facts not available to a reasonable listener but that a reasonable listener would assume implied actual knowledge of the statement’s truth.” Judge Hicks listed the following examples of statements that would convince a listener that there was proof that Pacquiao took PEDs: De La Hoya’s comparing Pacquiao’s punches as similar to other fighters who have taken PEDs; Floyd Mayweather, Jr.’s statements that Pacquiao’s physical development is a result of the Phillippines having access to the best performance enhancing drugs and also that Pacquiao has “the power pellets, yo, the steroid juice”; and Schaefer’s statement that he “was sure” that Pacquiao uses PEDs. A trial date has not been set.
Boxing Talk
March 21, 2011
Judge denies request to dismiss Pacquiao's libel suit
Manny Pacquiao may not be able to get Floyd Mayweather in a boxing ring, but he is going to get his day in United States federal court against Mayweather, and Golden Boy Promotions as well. United States Judge Larry R. Hicks in Nevada has denied Golden Boy Promotions’ and Mayweather Promotions’ attempt to throw Pacquiao’s defamation lawsuit out of court. As a result, the various defendants will have to justify their public accusations that Pacquiao used performance enhancing drugs (PEDs). In December 2009, Pacquiao sued Golden Boy Promotions, Oscar De La Hoya, Richard Schaefer, Mayweather Promotions, Floyd Mayweather Sr., Floyd Mayweather Jr. and Roger Mayweather for defamation over press reports linking him to PEDs. In 2010, the Golden Boy defendants and the Mayweather defendants filed separate motions to dismiss.
In a written opinion released today, Judge Hicks wrote, “defendants’ alleged statements are actionable defamatory statements because they falsely assert an objective fact: namely, that Pacquiao was using and had used PEDs. First, the court finds that a reasonable listener would understand and interpret the moving defendants’ statements to imply that Pacquiao has used and is using PEDs... Further, the court finds that the alleged statements are presupposed facts not available to a reasonable listener but that a reasonable listener would assume implied actual knowledge of the statement’s truth.” Judge Hicks listed the following examples of statements that would convince a listener that there was proof that Pacquiao took PEDs: De La Hoya’s comparing Pacquiao’s punches as similar to other fighters who have taken PEDs; Floyd Mayweather, Jr.’s statements that Pacquiao’s physical development is a result of the Phillippines having access to the best performance enhancing drugs and also that Pacquiao has “the power pellets, yo, the steroid juice”; and Schaefer’s statement that he “was sure” that Pacquiao uses PEDs. A trial date has not been set.
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