Calling the law experts of Sherdog

TerraRayzing

TerraRayzing

Little eagle soars again
@Brown
Joined
Dec 2, 2016
Messages
2,951
Reaction score
3,623
I am sure that in addition to financial, psychological and medical experts, sherbros are well versed in law. So my question is, what do you think of the potential law suit Joshua was trying to arrange?
Haven't seen much talk about it but, I'm sure he was going to go for a negligence lawsuit, contending that UFC made Diego fight despite injuries which.. makes no sense since I'm sure there are clauses and disclaimers to protect the company from that and I don't think I've heard of a fighter ever suing the UFC on those grounds, or at least winning. Second, I'm sure the statute of limitation would also apply.
Legit confused as to why he would go for a lawsuit. If he does initiate legal proceedings, he will be burning through the cash, an on a case which has almost zero change of succeeding.
What do you think Joshua was going for? Is he really that delusional to think that he would get money through this?
 
I doubt that was the long term intent. But I am not surprised that his heavy handed way of miscommunication with UFC's lawyers led to an immediate circling of the wagons.

And I don't blame Diego's lawyer for telling him to not tell UFC he is fine, either.

Once the lawyers get involved, everyone clams up. Like clockwork.
 
Last edited:
DOMMA said:
UFC dodged a bullet by parting ways with Diego.
Click to expand...
Why do you think so? I really doubt Joshua would be able to get a single dime out of the UFC. I'm pretty sure the contracts are structured in a way to prevent this sort of litigation, reason why we haven't heard of any success stories.
 
I can only imagine that any lawyer Diego would hire would be an alcoholic, ambulance chasing bum.
 
TerraRayzing said:
I am sure that in addition to financial, psychological and medical experts, sherbros are well versed in law. So my question is, what do you think of the potential law suit Joshua was trying to arrange?
Haven't seen much talk about it but, I'm sure he was going to go for a negligence lawsuit, contending that UFC made Diego fight despite injuries which.. makes no sense since I'm sure there are clauses and disclaimers to protect the company from that and I don't think I've heard of a fighter ever suing the UFC on those grounds, or at least winning. Second, I'm sure the statute of limitation would also apply.
Legit confused as to why he would go for a lawsuit. If he does initiate legal proceedings, he will be burning through the cash, an on a case which has almost zero change of succeeding.
What do you think Joshua was going for? Is he really that delusional to think that he would get money through this?
Click to expand...
NSAC is a great legal buffer for the ufc. We talk a lot about “contracting out risk”. Or, asking someone else to assume it.

The UFC doesn’t medically clear fighters, NSAC does. So if the complaint is “the ufc makes fighters fight with injuries”. ...Well, the rebuttal is that the responsibility to make sure fighters are medically cleared is on NSAC. Unless they are claiming some kind of shiesty back room antics, there’s really no leg to stand on.
 
Would it be that the UFC gets something in their contracts to avoid this? for instance, a guy fights with the UFC, then goes to fight with other orgs, or simply put, already fought for others, then goes to the UFC, retires because of health issues, how can they sue the UFC alone? why not go after the otther orgs where they could had got health issues from them too?

Sounds like going into sky diving, then suing the company because something happened to you while doing it by your own desire...
 
Zebra Cheeks said:
NSAC is a great legal buffer for the ufc. We talk a lot about “contracting out risk”. Or, asking someone else to assume it.

The UFC doesn’t medically clear fighters, NSAC does. So if the complaint is “the ufc makes fighters fight with injuries”. ...Well, the rebuttal is that the responsibility to make sure fighters are medically cleared is on NSAC. Unless they are claiming some kind of shiesty back room antics, there’s really no leg to stand on.
Click to expand...
Spot on. Reason as to why I'm confused about his intent. Although, I do think Fabia could put the ufc as a co-defendant along with the commission but even then, failed lawsuit with no hopes of winning.
 
TerraRayzing said:
Spot on. Reason as to why I'm confused about his intent. Although, I do think Fabia could put the ufc as a co-defendant along with the commission but even then, failed lawsuit with no hopes of winning.
Click to expand...
On top of that, if we’re specifically talking brain injuries, it’s tough to prove where they come from. Is it sparring? Early amateur fights? Pro fights? How do you tell? Can you 100% beyond a reasonable doubt establish that the brain injury is the result of negligence, and not simply the natural risk that comes with being a cage fighter?

The burden is to massive.
 
tenor.gif
 
When Tim Hague died following a boxing match in Edmonton in 2017 his estate sued the the City of Edmonton and the Edmonton Combative Sports Commission. The city and the commission defended the claim on the basis of contributory negligence on the part of Tim and his team, namely that they failed to disclose that he had been knocked out a couple of times within the previous month at fights in other cities. Had the Commission known they never would have issued fighters license to him as a KO results in a 180 day medical suspension.

I don’t know the particulars of what this thread is even about, but when a professional athlete chooses to fight they’re largely taking their health in their own hands. I need to read about whatever this thread is about before I can comment any further.
 
UFC will say this !!

his last fight he was clear and confirmed he felt ok and had no injuries.

he was medically cleared after the fight and signed off as being ok.

this fight he wouldn't so we cut him with pay.

In conclusion he must have suffered something in training camp which we have no control over.
 
Zebra Cheeks said:
On top of that, if we’re specifically talking brain injuries, it’s tough to prove where they come from. Is it sparring? Early amateur fights? Pro fights? How do you tell? Can you 100% beyond a reasonable doubt establish that the brain injury is the result of negligence, and not simply the natural risk that comes with being a cage fighter?

The burden is to massive.
Click to expand...
Establishing a causation link when the fighter gets punched in the head daily in the gym, good luck. Not to mention the duration between fights and the sparring that goes in between that time period.
Assumption of risk craps over pretty much everything.
Boggles my mind, the lawsuit would have rendered diego broke... If he isn't already...
 
IANAL (obviously) but I just thought of another thing:

UFC has legalese in their contracts saying that if they sue UFC and lose, they have to pay for UFC's lawyer bills. Or something like that.

It was tested in court and passed. Ken Shamrock still owes Zuffa hundreds of thousands of dollars.

https://mmajunkie.usatoday.com/2010/04/ken-shamrock-ordered-to-pay-ufc-attorneys-fees-and-costs

I still say Fabia wasn't playing 4-D chess; he just fumble-bumbled his way into getting his fighter released early. Which ironically may have been the best case scenario for all parties.
 
Law Talkin’ Guy said:
When Tim Hague died following a boxing match in Edmonton in 2017 his estate sued the the City of Edmonton and the Edmonton Combative Sports Commission. The city and the commission defended the claim on the basis of contributory negligence on the part of Tim and his team, namely that they failed to disclose that he had been knocked out a couple of times within the previous month at fights in other cities. Had the Commission known they never would have issued fighters license to him as a KO results in a 180 day medical suspension.

I don’t know the particulars of what this thread is even about, but when a professional athlete chooses to fight they’re largely taking their health in their own hands. I need to read about whatever this thread is about before I can comment any further.
Click to expand...
I don't know the particulars either and honestly it's hard to even imagine the finer points of this case since it sounds so ridiculous.
I think the assumption of risk would act as a complete defense and I'm sure the same is highlighted in the contract. Moreover, contributory negligence would only be applicable if the link of causation is established, yes? As in if Diego suffers something during the fight from which the link starts.
Dark thought but if that's the idea, Fabia was probably hoping for Diego to get injured in the fight, yikes.
 
You must log in or register to reply here.

Latest posts

Forum statistics

Threads
1,237,038
Messages
55,463,341
Members
174,786
Latest member
JoyceOuthw

Share this page

Back
Top