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

[Phenom]

No it wouldn't. The 5 million would just be a penalty agreed upon for failing the test. The punitive damages that would incur due to the fight being cancelled would be completely separate. I have worked on these types of litigation many times and know from experience.

That would be true if The fight would be cancelled because of any reason other than a failed drug test ie missing weight or pulling out of the fight for any other reason

[Brickyardigan]

You guys need to go read the ESPN article because this was recent and that YouTube video you showed was from the press conference. Kontz was explaining on ESPN that he wanted to make the 5 million as a part of the contract with the usada testing and Ellerbe still said no. This would have been a completely separate contract. They still could have sued again because pulling out of the fight due to the failed drug test also violates the terms of the fighter contract as well as the usada contract. If you didn't read it this article yet you should because kontz brought up a lot of valid points and Ellerbe had a couple good points too but then he resorted to using playground antics saying "why does pacquiao want the 5 million dollar stipulation? So he can violate it" that's the most ridiculous bullcrap in the world and anyone who believes pacquiao has been worried all these months about possibly failing a drug test are just ******. Hes never failed a drug test before and he never will. Imagine the shame that would be to the entire country of the phillipines which has 200 million people. Manny would probably never be allowed back let alone win another election or have any credibility. Hes never failed one and he never would

FAT ASS DAN Rafael wrote that crap. It's not an Article, it's basically a fuggin blog. He's always been negative in his way of writing to try and paint Mayweather a certain way. He is not even knowledgable on the sport of boxing like that.

[SchoolTheseCats]

FAT ASS DAN Rafael wrote that crap. It's not an Article, it's basically a fuggin blog. He's always been negative in his way of writing to try and paint Mayweather a certain way. He is not even knowledgable on the sport of boxing like that.

Even at end of that article ellerbe states why agree to that penalty when it will cost manny a lot more then 5mil if he came up positive

[SchoolTheseCats]

That would be true if The fight would be cancelled because of any reason other than a failed drug test ie missing weight or pulling out of the fight for any other reason

Thats what the lawyer not understanding you can't turn around and sue for something you was already paid for and that's what ellerbe is stating in espn article and what arum stated in video that was posted in thread

[GRUSTLER]

Dude you are talking out of your ass this hold thread.

So I guess you have a higher IQ and law degree than Bob Arum himself.

[Rapid Counter]

Ive never seen anyone get owned as much as Rath in any thread..... kinda feel bad for the guy.

[GRUSTLER]

I don't think it's a cap. It's a penalty in case either fighter is found to be using an illegal substance. They can still sue for damages for loss revenues.

If that is the case then why is Bob Arum not for it?

[jjsmyth87]

Yes it's more to it which is what arum stated in video that's posted in thread agreeing to that clause will limit what you can sue for which is way more then the 5mil you can't sue for something you agreed to be payed for for a failed test what are you going sue for if you already got paid 5mil basically

Dont you guys dont understand is that in the ESPN article today kontz was saying that he wanted this 5 mill stipulation as part of the usada contract, because they couldn't get it in the fighters contract. Why would Floyd turn that down? That has no bearing whatsoever on the fighter contract which would also be violated but right now its not included in the co tract so why wont Floyd agree to have it thrown in with the usada contract. That way Floyd could still sue because its not stipulated in the fighters contract. This would be something totally separate kontz was saying, this article doesn't tell the whole story. Ellerbe was giving the run around big time

[jondacon]

Damn EVEN THIS DOLT who is a RIOS FANBOY shows that he can actually put his small IQ to work and make a logical post.

Nah bruh... he didnt get it and neither did you... at least in his last Paragraph... its not about it being a PR stunt or REPLACING the 4 year ban with the $5Mil fine. Its the fact that "IN THE LANGUAGE" or the way Koncz wanted it stipulated in the contract, it would have prevented them from further litigation and limit the amount they get sued for to ONLY $5Mil as opposed to the FULL monetary value of the fight, which is upwards of $200mil.

Does everyone get it? Its common sense, thats how the Law works. When there is a fine associated with a Breach of Contract, you cant sue on top of what the said amount was. Some people have a hard time understanding or they're from a country who's laws dont honor written contacts... like say, North Korea or communist Cuba.

Either way Pactards(not regular understanding Pac fans) take the L for the day!

[Yuiopy]

You can file lawsuit for almost anything there is nothing that can prevent any one from suing but it will significantly weaken any legal recourse if there is an out clause

I'm still not following this line of reasoning. The penalty is for failing the drug test on each fighter. Meaning the failed fighter would need to dole out $5 million out of pocket.
The promoters and networks and MGM would sue for lost revenue due to the fight not going forward and wasting time. They are not suing the fighter for failing a test. These things are not related.
I have never heard of anyone suing the fighter themselves for failing a drug test.