Comments Thread For: Ellerbe, Koncz Trade Verbal Shots Over $5 Million Fine

[D4thincarnation]

the court will decide how much and what is your point

Lawyers cost money, court cases can be years. If Floyd tests positive, he can claim contamination, and not his fault. Pacquiao team have to prove so many things.

Fine in the contract, no ifs or buts makes it clear. If Floyd thought 5 million was too small then comeback and say $50 million.

That what I would say if I knew I was clean

[JJRod]

(From 2009 negotiations) In addition, Schaefer told ESPN. com that the sides had agreed on an unprecedented penalty if either fighter weighed in heavier than the contract limit of 147 pounds.

"We agreed to $10 million per pound, or fraction thereof," Schaefer said. "That's what the Pacquiao side wanted and we said OK to that. That's unheard of. We have agreed on everything except for this drug testing issue. I have to think Pacquiao is unaware of this. The drug testing had been part of the contract for a while and then they suddenly said no. I was informed of that [Tuesday] morning. Suddenly they changed course and I don't know why."

I remember this. I even remember at one point both Roach and Koncz laughed at the OST demands by Floyd and said they had no problem with the drug testing. Then suddenly it became an issue.

All water under the bridge now though. We finally got the fight.
Lets just hope nothing bad happens in the next 6 weeks.

[littlemac]

But when team mayweather says the same thing. Oh he cheatin doe floyd shook

Lets not forget also, when Manny request testing its not cowardly, unless your name is Floyd....bwhahahah....

[aboutfkntime]

Now I get it. Since floyd is a promoter, they would want way more than 5 mill.

manny doesn't have to worry about that since he's not a promoter.

Ummm..... not really ?

I'm not sure what you mean there, but I dont think the fact that Mayweather is promoting the fight has anything to do with this at all.

According to reports, Mayweather stands to make 120mil+, and Pacquiao stands to make 80mil+..... so, if either fighter tests positive, the other guy will lose a small fortune.

Edit: Apologies, I mean, the other guy will lose a fkn HUGE fortune.

If Mayweather tests positive, Pac will sue him for tens of millions, probably 50mil+..... and Mayweather will do the same if Pac tests positive.

From what I understand, Ellerbe is suggesting that the way the contract was worded, the $5mil penalty was actually limiting more realistic litigation.

$5mil is nothing, when you are talking about a $200mil fight.

[GRUSTLER]

Ellerbe's logic doesn't add up. Team Pac wants to instill a penalty if either fighter test positive and Ellerbe is spinning it in a way that it's a penalty for Manny if he test positive. And how the hell is that su****ious? The more su****ious thing would be to deny a demand like that.


And of course, it's Mayweather 's team hurling the insults and flawed logic while team Pac keeps cordial and professional. Bunch of amateurs TMT are.

What point would a 5 Mil penalty be if a fighter test comes back dirty? The 5 million doesn't stop the test from being dirty or being tested and the blood coming back dirty but rather saying if it does then they will only pay 5 million bucks for it. Sounds like that is what Ellerbe is saying.

[The_Sandman]

So basically, Koncz wanted to limit the fine to $5 million dollars and thought "this is going to show them that we are serious about drug testing and they are going to look like the cheaters." When really, Ellerbe is saying, that they are willing to give up more than $5 million dollars (4 years of payday more) if they fail a drug test and that it is in fact in the contract. Which Koncz didn't even notice was in the contract til now. I'm sorry, but Pacs got a promoter robbing him, and an adviser just ****ing **** up for him. At one point Pac was signed to both Golden Boy and Top Rank. Both of them taking cuts out of Pac's checks. One has to wonder, what the **** is Pac's adviser doing?

[SchoolTheseCats]

January 04, 2012

MAYWEATHER NOW THE AGGRESSOR IN LAWSUIT VS. PACQUIAO
By Scott Shaffer

Last summer, the public perception was that Manny Pacquiao wanted to face a reluctant Floyd Mayweather in a boxing ring, but Mayweather was avoiding the showdown. Pacquiao's defamation lawsuit against Mayweather mirrored that perception, as Pacquiao's attorneys tried to chase Mayweather down in order to take his deposition but Mayweather avoided the deposition while hosting large parties and burning $100 bills in night clubs. However, after Pacquiao barely defeated Juan Manuel Marquez in November, both the lawsuit and the potential fight against Mayweather have entered a new phase, one in which Mayweather appears to be the hunter and Pacquiao the hunted. The previous chapter of the lawsuit ended with the court ordering Mayweather to appear at a deposition, and it may yet require Mayweather to fork over low six figures to Pacquiao in attorneys' fees as punishment for being so elusive in the deposition process. Like the public perception that Pacquiao is now the one avoiding the boxing match, the latest filings in the lawsuit make it appear that Pacquiao is now the one resisting the exchange of information.

On Wednesday, Mayweather asked the court to force Pacquiao to provide medical records and the name and contact information of every doctor who has treated Pacquiao so that Mayweather can review the records fopr any signs that Pacquaio took steroids or other illegal performance enhancers (There is no current evidence that Pacquiao ever tested positive for any banned substance). The medical evidence that Mayweather seeks is the central issue in the lawsuit, because if Pacquiao ever took illegal performance enhancers, Mayweather would win the lawsuit because one cannot be guilty of defamation if they are speaking the truth.

The lawsuit arose after negotiations for a match-up between Pacquiao and Mayweather disintegrated over the issue of drug testing and Mayweather went public with statements that Pacquiao took illegal "power pills," a clear reference to steroids and/or human growth hormones.

In court filings made today, Mayweather's attorneys wrote: "To date, Pacquiao’s responses [in providin ghis medical records]... have been grossly deficient. Pacquiao’s counsel have only disclosed the names of two of Pacquiao’s doctors, a plastic surgeon in the United States and a gastroenterologist in the Philippines. In addition, Pacquiao’s counsel have refused [Mayweather's] requests to execute a release and produce the vast majority of the medical and physical examination records solicited in [Mayweather's record] requests." Mayweather's attorneys also admit Pacquiao provided "a limited number of drug testing results" but say that information is insufficient.

Mayweather's attorneys continued, "Pacquiao asserts that no evidence exists to suggest his use of performance-enhancing drugs over the course of his fifteen-year career. In making this assertion, Pacquiao himself separates drug test results from other evidence related to the use of PEDs. [Pacquiao's attorney's have said] 'given Pacquiao’s spotless records with drug tests over the course of his 15-year career and the absence of any other evidence suggesting his use of performance-enhancing drugs, defendants issued these statements with actual knowledge that such statements were false and in reckless disregard for their falsity')."

Thus, Mayweather's attorneys see kto use Pacquiao's own arguments against him by arguing that "Pacquiao has placed any evidence that may suggest his use of PEDs, including his medical and physical examination records over the last fifteen years, directly at issue in this action."

Specifically, Mayweather's attorney want to review Pacquiao's medical records to look for "signs and symptoms of PEDs use [that] are well-documented and far reaching. Such signs and symptoms include, but are not limited to: (i) deterioration of the athlete’s cholesterol profile (i.e. an increase in “bad” cholesterol, or LDL, and a decrease in “good” cholesterol, or HDL); (ii) increased irritability and mood swings, as well as depression; (iii)
changes to the condition of the athlete’s arteries; (iv) increased risk of forming blood clots or thromboses; (v) development of hypertension or high blood pressure; (vi) increased liver failure or toxicity, including the development of jaundice, blood-filled sacs within the liver, or certain types of liver cancers; (vii) acne and other skin conditions; (viii) an enlarged heart; (ix) increase in red blood cell count; (x) diabetes; (xi) premature balding or male-pattern baldness; (xii) elevated or increased testosterone levels; (xiii) decreased estrogen levels; (ivx) osteonecrosis in the hips or shoulders; (xv) decreased sugar tolerance and thyroid functioning; (xvi) impotence, priapsm (prolonged erection), prostate hypertrophy (enlarged prostate), reduction in ***** function, or decrease in testicle size; (xvii) weight gain, including changes to the athlete’s muscle-to-fat ratio or body mass composition; (xviii) worsening of kidney function; (xix) increase risk or prevalence of tendon and muscle injury; (xx) gynecomastia (or increased growth of breast tissue); and (xxi) vocal cord hypertrophy."

According to Mayweather's attorneys, the court should force Pacquiao to provide any evidence that Pacquiao experienced these symptoms because, "Pacquiao has not provided a single medical or physical examination record to provide any insight whatsoever into the recognized signs and symptoms of PEDs use... Instead, Pacquiao has merely provided [Mayweather] with a small sampling of drug test results, which is, at best, woefully incomplete in response to the Requests at issue herein—especially given common sense and Pacquiao’s own distinction between drug tests and other evidence of PEDs use."

Pacquiao's attorneys will now have a chance to argue that Mayweather is not entitled to the medical information being sought.




Send questions and comments to: boxingratings@yahoo.com

[littlemac]

I remember this. I even remember at one point both Roach and Koncz laughed at the OST demands by Floyd and said they had no problem with the drug testing. Then suddenly it became an issue.

All water under the bridge now though. We finally got the fight.
Lets just hope nothing bad happens in the next 6 weeks.

"ANY TIME, ANY WHERE" turned into we need cut off and pre anounce testing dates.....

[elishua F]

Ellerbe's logic doesn't add up. Team Pac wants to instill a penalty if either fighter test positive and Ellerbe is spinning it in a way that it's a penalty for Manny if he test positive. And how the hell is that su****ious? The more su****ious thing would be to deny a demand like that.


And of course, it's Mayweather 's team hurling the insults and flawed logic while team Pac keeps cordial and professional. Bunch of amateurs TMT are.

whoever tests positive is banned four years..the penalty is already harsh enough and career ending. Wtf is $5 million gonna do.

team pac is cordial? ever heard of Freddie roach

[luisivich]

No, this has been posted a million times

He wanted a 30 day cutoff and one after the fight, Mayweather wanted up until the day of the fight.....eventually Mayweather offered a 14 day cutoff, Pacquiao said no and went and fought Clottey for 6 mil..........after all that **** he then started saying he would accept the 14 day cutoff, after he heard Mayweather state that 14 day cutoff is off the table for anyone who wants to fight him.....but go ahead spin it to fit your agenda, don't let the facts get in the way.

mayweather walk away from the negotiation when pacquiao offers 3 weeks cut-off. it is exasperating because floyd has agreed to a 2 weeks cut-off when the talks has begun. floyd has a diva fit and take away the 2 weeks cut-off and changes it to no cut-off date.

the best way to test for ped is year round testing.
arent you su****ious that floyd had signed this fight 2 months before the actual fight where he could signed it in december.