Defamation....Might Back fire on Manny Pacquiao

[Ryannn]

you're trying way too hard

[Reloaded]

The mayweathers wont be able to defend their verbal diahorea. The fact that you have verbal diahorea, and that you dont think before you speak isnt a valid excuse thats acceptable in court. They have said so much rubbish. Even before Pac declined OSDT they made it known they thought he was on PEDs the way he was beating people. They put the idea in peoples heads.

How do you defend your ignorance you put the idea in peoples heads ?

[120]

Horus would be proud...

[tomhawq]

backfire? that would really make *****s extremely happy then.

crackweathers accuse pacman of cheating. pacman sues. *****s, who the crackweathers don't care about, are whining and complaining. now this ts ***** says it would backfire. so, what's all those whining and complaining about then?

*****: be careful what you wish for. floyd would whup manny's ass when they fight, you'll see. you're gonna regret it. you better stop pushing for this fight. same bs pattern here. lol.

*****s never cease to amaze me. keep it up *****s!

[ProudtobePINOY]

Defamation- A publication of a defamatory, false statement of fact.

To be convicted of Defamation one needs four elements of proof.

1)Publication: statement to a third party (a person other than the subject of the statement). Example: Saying something in front of a class room of people.

2)Defamatory: Injury to the reputation of the subject.
3) false statement of fact: Not an opinion or prediction. (Floyd Sr gave an opinion on how a fighter cant come from a lower weight to dominate bigger fighters, after struggling with smaller fighters. That is an opinion not a statement of facts)

4)THrough the fault of the defendant: Of plantiff is a public figure must be intentional falsehood or actual malice, reckless.

intentional- know the statment is false (Mayweathers didnt know statement was false and still dont because Manny has never subjected himself to random testing.)Reckless- No basis to believe the statement is true.

Defenses:1)Conditional Priviledge: Statements made as a matter of the defendants business interest are not actionable....Boxing is a business and floyd was negotiating a fight, where he asked "If both parties would subject themselves to random testing" to carry on further business of the fight.

2) Truth: Statements by defendant must be false to be actionable. (Manny never submitted to testing to prove that he was clean.)3) Retraction: A defense to lessen damages only. (THere was never a retraction from floyd camp to show that they were lying on manny. THere wasnt a retraction because they never said anything factual just opinions.)

hhmmmm...i guess you didn't read this article :

http://sports.espn.go.com/sports/boxing/news/story?id=6244917

LAS VEGAS -- Manny Pacquiao's defamation lawsuit against longtime boxing rival Floyd Mayweather Jr. and others rests on firm allegations and can continue, a Nevada federal judge said in a court order Monday that denied a motion to dismiss the case.

U.S. District Judge Larry Hicks said Pacquiao has sufficient evidence to continue his lawsuit that alleges Mayweather and others acted with malice by accusing the Filipino boxer in a series of interviews of using performance-enhancing drugs.

"Moving defendants argue that Pacquiao has failed to sufficiently allege malice because moving defendants could not have known one way or the other whether Pacquiao had actually taken PEDs when they made the alleged defamatory statements," the order reads. "However, the court finds that Pacquiao has sufficiently pled malice in the amended complaint."

“

Ogilvy The truth did not stop [Floyd] Mayweather and the others. That is because they are motivated by ill will, spite, malice, revenge and envy.
” -- Manny Pacquiao's lawsuit

Pacquiao claimed in the suit that he has never tested positive for any performance-enhancing drugs, but that Mayweather, Mayweather's father and uncle, Oscar De La Hoya and Golden Boy Promotions' Richard Schaefer embarked on a campaign to make people think he used drugs.

"The truth did not stop Mayweather and the others," the suit contends. "That is because they are motivated by ill will, spite, malice, revenge and envy."

Mark Tratos, a Las Vegas lawyer who represents Mayweather Promotions LLC, said the lawsuit was without merit and he would continue to fight for its dismissal. He said the defendants merely questioned Pacquiao's reluctance to submit to drug testing, but stopped short of declaring Pacquiao a drug user. Statements of defamation must consist of facts, not opinions.

Tratos said Pacquiao would also have trouble proving the defendants acted with malice, which is required because the famous boxer is a public figure.

"The malice standard is very, very high," Tratos said. "We do not believe it can be met by the plaintiff."

Schaefer declined to comment on the court order. De La Hoya's lawyer could not immediately be reached for comment.

Pacquiao's attorney, Dan Petrocelli, said his client's professional career would suffer if boxing fans believe he used steroids or human growth hormone to win titles in seven weight classes.

"Manny has an unblemished reputation and has earned all of his achievements through hard work and his natural-born talent and to call him a cheater is something he cannot and will not tolerate," Petrocelli said. "None of these defendants have had any evidence to back up the assertion that he has taken performance-enhancing drugs because he didn't. It's very false."

Pacquiao's suit cites various interviews given by the defendants in which they intimated that Pacquiao's strength and power were not natural. Among the interviews cited was an October radio interview in which Mayweather Jr. allegedly said Pacquiao's physique was different "cause we know the Philippines got the best enhancing drugs."

Pacquiao claimed comments by Mayweather, his father, Floyd Sr., and trainer, Roger Mayweather, were part of a defamation campaign against him.

"Mayweather Jr. and the others set out on a course designed to destroy Pacquiao's career, reputation, honor and legacy and jeopardize his ability to earn the highest levels of compensation," the suit contends.

The 2009 suit came as both sides were battling to reach an agreement for a proposed fight between the champion boxers. The negotiations fell apart over demands by the Mayweather camp that both fighters submit to random blood and urine tests leading up to the bout. Mayweather wanted blood tests up to 14 days before the fight, while Pacquiao claimed he feels weak after drawing blood and would not agree to testing within 24 days.

too bad the Mayweather's didn't hire you as their lawyer...you seem to have this all rapped up....lol

[ProudtobePINOY]

I've been studying law for the last two years so i know a little something when it comes to it. Arum has also stated that Manny Pacquiao is a sensitive person. Thus, a reasonable person like me or you will see that a normal person wouldnt find a test request as damaging..

so you studying the law for the last two years completely obliterates the fact that Manny's lawyers and the judge who ruled not to dismiss the lawsuit has probably studies law longer than you ... but also have countless other lawyers that have studied law longer than you and actually have passed the bar and are actual lawyers that practice and not google.....ya, typical *****...

[serv]

I've been studying law for the last two years so i know a little something when it comes to it. Arum has also stated that Manny Pacquiao is a sensitive person. Thus, a reasonable person like me or you will see that a normal person wouldnt find a test request as damaging..

from drug expert to law expert... what's next?

[ProudtobePINOY]

using PrinceCharlez's rationalization....since i've been going to nursing school for the last month.... i should be able to perform brain surgery...

hhhmmm..maybe i should start with all the *****'s..all of them can't seem to use the part of their brain that uses common sense...

[AFighter4U]

I've been studying law for the last two years so i know a little something when it comes to it. Arum has also stated that Manny Pacquiao is a sensitive person. Thus, a reasonable person like me or you will see that a normal person wouldnt find a test request as damaging..

true. a normal person wouldn't find a test request as damaging....

BUT.

that isn't what Pac filed the suit for.

its what the mayweathers and everybody else named in the suit said AFTER they made the demands for tests.

THAT is where you got your reasoning wrong bro.

[STRUGG]

another....................*****.............prete nding to be educated...................LOL