IIRC, the standard for interference is ‘reasonable business expectation’, and having a video out there where one of the parties involved says the deal is dead certainly impacts that ‘reasonable expectation’.

Yes, we don’t know what Affliction’s side of the story is. They may have proof that negates everything M-1 says and it won’t go to court. But looking at their complaints all I am saying is it is not a frivolous suit since you have a possible contract violation. They’re asking for a ridiculous amount of money (since Fedor’s purse, PPV royalties and money made from the “Fighting Fedor” canceled project would not come out to $10 million more than likely) but if they truly didn’t offer compensation for their contract violation so they could help out their other business, that counts for something whether you like the parties involved or not.

And yes, a freaking YouTube video is not going to qualify for anything in court, nor is the Hines Smith firm wrong for not checking with the Underground message board to see what they thought about the case. If Coker gets called to testify and says the same allegations under oath offering proof then that counts. But right now when you look at it, it’s a promoter giving an interview about an event that’s demise was to his benefit. You might as well call in Dana White to rant on the stand about the “dumb ass t-shirt guys” and “shady Russians.”

A guy talking on tape isn’t proof of any kind. It might be evidence, it might not be (probably is here, and it is exculpatory for Affliction if it is allowed as more than just hearsay). That’s for the judge to decide.

Otherwise, we can all say “I saw it on TV! It must be true!”

*hears someone chanting ::::la la la la la la la – still not listening::::*

I’m not 100% clear on this, but I could have sworn there was talk of fighters being compensated by way of Affliction shirt deals.

Even if Rogers was not going to take the fight that is not all she wrote. This is about good faith efforts and Affliction having an obligation to M1, not just Fedor v. Rogers. There is NO WAY in hell this lawsuit is frivolous.

One more point. I don’t think some of you have a clue what the initial filing is all about. Its not a final brief, a complete argument, or even a complete opinion. Its merely to put the party opponent on notice and to provide enough information to survive a 12b6 motion to dismiss. The initial pleadings can be amended at a later date, the cause(s) of action can be changed, the named parties, and if justice requires it, the initial filing can all be amended.

This is VERY preliminary and tells us little about the ultimate disposal of the case

UFC was not a party to the Affliction/M-1 or the Affliction/Fedor agreements, and unless M-1/Fedor later allege conspiracy, they won’t be part of this.

They had a written agreement, they had a verbal modification to the agreement (which forbade verbal modifications), then M-1 went off on its own and abrogated the written agreement, and now they want Affliction to pay them remuneration for all the trouble they went to breaking the agreement.

They went to a lot of contortions trying to say that it’s not really breaking the agreement if you tell the other party exactly what you’re doing and they don’t say boo (which isn’t a solid legal grounding as far as I am aware), but that’s how it boils down for me.

There’s a reason that you put no-verbal-modification clauses in contracts, and there’s a reason that some types of contracts are required to be in writing.

I honestly believe that M-1 spent money in anticipation of Trilogy and lost face when it was canceled, but I don’t think they have a cause here.

Of course, I’m a CPA, not a lawyer.

I don’t see them seeking compensation for the fighter’s purse. I see them (M-1 Global) seeking compensation for deals they cut for the event’s international broadcasting when that fell through. That’s the crux here. I have no idea if they have an argument (I wouldn’t be surprised either way) nor do I really care if they’re successful or not in recovering any damages if its determined that they deserve some from whoever would potentially be owing them money.

Its much to do about nothing right now. No side has given any evidence, no proceedings have really gone through, hell, there might not be any actual action for months.

If the bond holder did the deal properly (because Affliction Entertainment had no real value), they got the financial backing of either Affliction Clothing or the owners themselves… Which in that case the insurance company would be made whole.

Which begs the question as to whether or not the courts will decide that M-1 can only go after the shell company or Affliction in general should it be determined that they’re inseparable. But who cares about that? Crazy Russians! If Scott Coker sells Strikeforce to the UFC he better look out!