The "Ask Erik Magraken" thread: All things combat law related

[ErikMagraken]

Wow! I'm going to read this here....

An interesting piece of combat sports legal history there.

An arguable case can be made that athletes can be sued for assault if they perform while cheating with PED's. Here's my thoughts on that topic - What Do Sex, Condoms, PED’s and Mixed Martial Arts Have in Common? | Combat Sports Law

 

[Deleted member 1]

How much liability can a fighter take on via signature?

If he dies in the ring? Gets hurt during weight cutting? At which point does it become the organizations problem versus the individual? What kind of variables swing the pendulum one way or the other?

 

[ErikMagraken]

How much liability can a fighter take on via signature?

If he dies in the ring? Gets hurt during weight cutting? At which point does it become the organizations problem versus the individual? What kind of variables swing the pendulum one way or the other?

There's no bright line there, many shades of grey.

 

[Deleted member 1]

There's no bright line there, many shades of grey.

Of course. Which is why I asked about the pendulum.
Perhaps, what are some things that organizations do to distance the liability from being on them?

 

[ErikMagraken]

Of course. Which is why I asked about the pendulum.
Perhaps, what are some things that organizations do to distance the liability from being on them?

I'll stop by later and try to address this in more detail.

 

[Priziesthorse]

What are your thoughts on the lawsuits against Pacquiao for not disclosing his injury? Do these people have a case?

 

[Punch]

Dont ever edit my shit bro. Ever.

(USER WAS BANNED FOR THIS POST)

 

[Punch]

@ErikMagraken What is the biggest oversight when it comes to MMA law reform in your own words?

 

[ErikMagraken]

What are your thoughts on the lawsuits against Pacquiao for not disclosing his injury? Do these people have a case?

I would be surprised if these go anywhere. I'm not aware of any common law duty that athletes have to the general public to disclose injuries to them so they can purchase tickets or a PPV on an 'informed' basis. Certainly Pacquiao's failure to properly disclose his injury to the AC can lead to regulatory consequences for him but I don't see disgruntled fans being able to claim damages based on his misrepresentation to a third party.

 

[ErikMagraken]

@ErikMagraken What is the biggest oversight when it comes to MMA law reform in your own words?

1. Performance Enhancing Drug Abuse

2. The Dangers Of Extreme Rapid Weight Cutting

3. Traumatic Brain Injury

Here is an article I wrote on this a few years ago - The Three Biggest Legal Threats to Mixed Martial Arts | Combat Sports Law

 

[Punch]

1. Performance Enhancing Drug Abuse

2. The Dangers Of Extreme Rapid Weight Cutting

3. Traumatic Brain Injury

Here is an article I wrote on this a few years ago - The Three Biggest Legal Threats to Mixed Martial Arts | Combat Sports Law

That's well thought out and poignant erik, thanks bud!

 

[ErikMagraken]

Of course. Which is why I asked about the pendulum.
Perhaps, what are some things that organizations do to distance the liability from being on them?

As a starting point there is no reason why an adult cannot consent to a dangerous activity and waive their right to sue if they get injured / killed in that activity. So, all things being equal, it is possible to have a combat sports ring death / profound injury without any legal recourse.

That said, if others contribute to the injury through negligence / willful blindness / intentional conduct such as fraud then there can be legal fallout.

For example, if an organization is turning a blind eye to rapid extreme weight cuts that are happening under their nose they may be exposed to civil liability in a ring death related to this. The same goes for turning a blind eye to PED use. The NFL brain injury lawsuits gained so much traction due to allegations of fraud. MMA promotions can be exposed to a similar fate if they have a track record of saying untrue things about the dangers of the sport and the realities of traumatic brain injury.

The best things organizations can do to distance themselves from potential liability, in addition to having liability waivers and complying with all regulatory requirements, is to take these issues seriously and have good faith policies in place to weed out PED use, rapid weight cuts and to not misrepresent the known dangers of the sport.

 

[La Paix]

This thread is great already, thanks so much for doing this @ErikMagraken we appreciate all this info.

 

[WoodenPupa]

Is there any way I can sue Zuffa if I don't like Dana's face? Thanks for any info.

 

[kneeblock]

3 questions and thanks for participating Erik:

1) Could a possible outcome of the antitrust case be a reclassification of Fighters as employees or would that have to be a separate labor case? If yes, would it just apply to the UFC or would it set precedent for Bellator etc?

2) Is there grounds for contesting the likeness rights stipulations in Zuffa contracts?

3) Is Mike Mersch a good litigator or just the guy who passes out the envelopes?

 

[ErikMagraken]

3 questions and thanks for participating Erik:

1) Could a possible outcome of the antitrust case be a reclassification of Fighters as employees or would that have to be a separate labor case? If yes, would it just apply to the UFC or would it set precedent for Bellator etc?

2) Is there grounds for contesting the likeness rights stipulations in Zuffa contracts?

3) Is Mike Mersch a good litigator or just the guy who passes out the envelopes?

1. No, the Plaintiffs are not seeking a judicial declaration that they are employees in the lawsuit. The lawsuit is basically seeking financial damages. You can go to page 56 of the actual complaint to see the relief sought in the anti trust suit - https://canadianmmalawblog.files.wo...v-zuffa-anti-trust-class-action-complaint.pdf

2. The anti trust lawsuit is an avenue for this as these rights are apparently non-negotiable by Zuffa. The Plaintiffs allege this power imbalance is created by a UFC monopoly. From my perspective, a more effective remedy than a judicial challenge would be a fighters association where the fighters can demand concessions in these otherwise non negotiable contract terms.

3. I don't know Mike Mersch personally and can't speak to the quality of his litigation work.

 

[Brian J. D'Souza]

How successful do you think the FTC case will be against Zuffa?

 

[Punch]

@ErikMagraken @Brian J. D'Souza Is there any way to implement a regulation or law that prevents the banning of media from effectively covering your promotion/event such as in the case of Brian, Cage Potato and others?

 

[ErikMagraken]

How successful do you think the FTC case will be against Zuffa?

I am not an anti-trust expert but believe the fighters have a tough challenge here. While I don't know that it will ultimately succeed at trial in having damages awarded, there are other ways in which the efforts from the lawsuit can 'succeed'.

For example, I do believe it can be successful as a rallying point for former / current fighters to associate and perhaps bring about change through a fighters association. The value of having a central rallying point cannot be understated, for a sport with a global roster, in terms of getting fighters on the same page with respect to common interests.

 

[ErikMagraken]

@ErikMagraken @Brian J. D'Souza Is there any way to implement a regulation or law that prevents the banning of media from effectively covering your promotion/event such as in the case of Brian, Cage Potato and others?

I can't imagine any law being passed forcing a private company to allow media members access to their events. Zuffa and other promoters are free to credential whatever reporters they want for their events. While a promoter can cut off or limit access, they certainly can't prevent media members they don't care for from expressing their opinions and covering issues the promoter does not want focused on.

 

[Punch]

I can't imagine any law being passed forcing a private company to allow media members access to their events. Zuffa and other promoters are free to credential whatever reporters they want for their events. While a promoter can cut off or limit access, they certainly can't prevent media members they don't care for from expressing their opinions and covering issues the promoter does not want focused on.

Well... Fuck...

 

[La Paix]

@ErikMagraken So with the new penelty system does this mean repeat offenses are going to be retro active are is this a clean slate going forward? If Diaz tests positive again for that sticky icky icky *Ooooooweee!* is he fucked or does he get the 18 months?

 

[TheBigPygmy/JustinWren]

Awesome thread...

This isn't a combat sports law question... But "what does the law say about this kind of combat" question... It might sound a little crazy.


I heard the Phoenix Jones guy can fist fight dudes in the street if they agree to "mutual combat" up in Washington. I live in Texas and heard they haven't gotten rid of the law that allowed "duals" and that this includes challenging a guy to a fight, and if they accept, then you can fight. Again, both of these are rumors I heard...

But here is my predicament. If a close friend or family member of mine (woman) is "trapped" in an abusive relationship with a multiple time convicted felon, meth dealer, illegal weapons guy... Is there a way I can I go have a "talk" with him without getting in trouble? The dude beat his mom, sister, and a pregnant girlfriend. I think a stern talk is in order... But I didn't know the legalities.

Thanks!

 

[ErikMagraken]

Awesome thread...

This isn't a combat sports law question... But "what does the law say about this kind of combat" question... It might sound a little crazy.


I heard the Phoenix Jones guy can fist fight dudes in the street if they agree to "mutual combat" up in Washington. I live in Texas and heard they haven't gotten rid of the law that allowed "duals" and that this includes challenging a guy to a fight, and if they accept, then you can fight. Again, both of these are rumors I heard...

But here is my predicament. If a close friend or family member of mine (woman) is "trapped" in an abusive relationship with a multiple time convicted felon, meth dealer, illegal weapons guy... Is there a way I can I go have a "talk" with him without getting in trouble? The dude beat his mom, sister, and a pregnant girlfriend. I think a stern talk is in order... But I didn't know the legalities.

Thanks!

Not really my area of expertise Justin but you can click on this link to read about assault and battery laws in Texas and you should further click on the link addressing defenses to understand the parameters of the law

Texas Assault and Battery Laws - FindLaw

 

[ErikMagraken]

@ErikMagraken So with the new penelty system does this mean repeat offenses are going to be retro active are is this a clean slate going forward? If Diaz tests positive again for that sticky icky icky *Ooooooweee!* is he fucked or does he get the 18 months?

I would imagine for anyone testing positive after these ranges are in force (supposedly September or October) all past positive tests would be fair game.

I have to applaud Nevada for finally taking the PED issue seriously (other than their hard to understand heavy stance on marijuana) this is a good thing for the integrity of the sport.