UnderGround Forums Mark Hunt doping suit dismissal reasons published

Edited: 13 days ago
8/31/13
Posts: 1547
In 2017 UFC fighter Mark Hunt filed suit against the promotion and Brock Lesnar after Lesnar tested positive for banned substances following their bout at UFC 200.
 
The lawsuit made numerous allegations of legal wrongdoing but was largely dismissed earlier this year with the court making the controversial finding that UFC fighters implicitly agree to compete against doping competitors.  The only allegation that survived was Hunt’s suggestion that the UFC breached their implied covenant of good faith and fair dealing with Hunt.
 
Last week District Judge Jennifer Dorsey dismissed this final allegation.  The reasons for doing so have now been published.  Judge Dorsey provided the following reasoning in her decision:
 
UFC argues that Hunt cannot demonstrate the existence of any recoverable damages because consequential damages are barred under UFC’s Promotional and Ancillary Rights Agreement (PARA) with Hunt.[9] Hunt responds that there is a genuine dispute of fact as to whether UFC’s removal of Hunt from a November 19, 2017, bout breached the implied covenant.[10] And he claims that he suffered damages in the form of wasted training-camp expenses and delayed payment for his fourth fight under the PARA.[11] UFC replies that the training-camp expenses are non-recoverable consequential damages and that Hunt provides no evidence of damages from delayed payment for the fourth bout.[12]
 
“The party seeking damages has the burden of proving the fact that he was damaged and the amount thereof.”[13] “Generally, the remedy for a breach of the implied covenants of good faith and fair dealing is limited to contractual remedies.”[14] These include consequential damages, which “should be such as may fairly and reasonably be considered as arising naturally, or were reasonably contemplated by both parties at the time they made the contract.”[15] Nevada Revised Statutes § 104.2719(3) provides, however, that “consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable.”[16]
 
UFC shows an absence of evidence of damages from the breach of the implied covenant by pointing to the PARA, which provided fixed compensation for a certain number of bouts and bars consequential damages,[17] satisfying its initial burden on summary judgment.[18] Hunt responds that his removal from the November 19, 2017, bout caused him damages in the form of training-camp expenses and delayed payment for his fourth fight under the PARA. Hunt offers no evidence of damages resulting from the delayed payment. As for training-camp expenses, Hunt declares that they are “customary, reasonable and foreseeable in the industry of professional mixed martial arts.”[19] Because the training-camp expenses were thus reasonably foreseeably when Hunt and UFC entered into the PARA, they constitute consequential damages and are expressly barred under the PARA. Hunt has thus failed to show to a genuine dispute of fact as to damages.
 
Hunt also argues that the provision barring consequential damages is unconscionable, but he offers no analysis to support it. In any event, Nevada law specifically permits such provisions,[20] and the Supreme Court of Nevada has upheld a provision limiting recovery of any damages, suggesting that the provision at issue here is not unconscionable.[21] Hunt also argues that the training-camp expenses are compensatory because they are necessary to make him whole.[22] But the contract specifically bars consequential damages, so any remedy to put Hunt in the position he would have occupied but for UFC’s breach must exclude consequential damages. Because Hunt’s breach-of-implied-covenant claim fails as a matter of law, I grant UFC’s motion for summary judgment on this sole remaining claim and close this case.
 
13 days ago
1/1/01
Posts: 47611

Cliff Notes:  Hunt signed a contract that held up and he couldn’t show damages. 

13 days ago
5/8/16
Posts: 4293

I don't know shitt but reading this I would say hunt should have won that lawsuit

13 days ago
2/14/11
Posts: 34866

Lol

13 days ago
8/18/13
Posts: 9072

Long arse way of saying it was retarded 

13 days ago
10/6/02
Posts: 7571
I don't understand law but any FOOL knows that Hunt deserved damages.

But it really opens the door for Hunt to make a fight and come in juiced to the gills. What could the UFC do in such case?



12 days ago
5/12/02
Posts: 400

I'm not a lawyer, but have dealt with contracting a little.

I would summarize as:

Hunt alleged two forms of damages: one which he hasn't substantiated and one which he has substantiated but which he explicitly gave up his rights to collect based on terms he himself agreed to in his UFC contract.

12 days ago
8/2/11
Posts: 3458

I feel for Hunt. This lawsuit would have cost him a lot and such a legend and man of the people went out on such a bitter note. 
 

At the end of the day the UFC was going to fight this tooth and nail because there's been a fuckload of juicers beat ppl before and there will be again. You settle with Hunt you set a precedent for future fights

12 days ago
11/24/13
Posts: 1243

UFC literally has the best lawyers on the planet. Even if Mark Hunt got seriously injured in the Lesnar fight with medical bills and a doctor's note, Zuffa would still win.

12 days ago
9/20/19
Posts: 783
Nytron -

UFC literally has the best lawyers on the planet. Even if Mark Hunt got seriously injured in the Lesnar fight with medical bills and a doctor's note, Zuffa would still win.

We’re getting so litigious in this country. I think it gets to a point where judges and lawyers find out court proceedings don’t make them bulletproof. A judgement isn’t anything unless it’s enforced. 

12 days ago
1/3/08
Posts: 3690

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

12 days ago
8/2/11
Posts: 3471
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

11 days ago
11/28/03
Posts: 108274

arent ufc contracts like 50 pages?

written by a team of super-lawyers to avoid any possible legal responsibility for anything?

Edited: 11 days ago
11/20/05
Posts: 22090
His alleged damages were consequential. The contract he signed barred consequential damages. Open and shut case. Ridiculous to have brought it. He probably assumed they'd throw him some money to go away. Suing them for "racketeering" was even more ludicrous. No chance of prevailing.
He should have been assessed the UFC's attorney fees for pursuing such a frivolous suit, and his attorney appears to have taken his money by unduly raising a dumb guy's hopes.
Whether we like Mark Hunt has nothing to do with the case. The case never got past the initial papers, which means it was a total blowout. Virtually every contract bars consequential damages. The contract is routine.
11 days ago
8/16/17
Posts: 183

Hunt should fight in a giant diaper. 

11 days ago
8/16/17
Posts: 184
ThatsHowIRoll -
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

You mean Anderson Silva "saved the card"? 

11 days ago
1/3/08
Posts: 3692
ThatsHowIRoll -
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

What relevance does that have?

11 days ago
10/12/13
Posts: 3058
MattyJ -
ThatsHowIRoll -
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

What relevance does that have?

None really but it shows Hunt went out of his way to help the UFC but it went largely unappreciated.

Dana never liked Hunt and was quite vocal about it when he inherited Hunts contract, despite Mark being a fan favourite.

Fuck the UFC 

11 days ago
11/14/16
Posts: 2548

Thanks for dumbing it down for us op, I always learn something new from your breakdowns. Leagalise May as well be an ancient whale dialect for the good it does me. 

11 days ago
3/13/08
Posts: 9659
Jimmy Recard -
MattyJ -
ThatsHowIRoll -
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

What relevance does that have?

None really but it shows Hunt went out of his way to help the UFC but it went largely unappreciated.

Dana never liked Hunt and was quite vocal about it when he inherited Hunts contract, despite Mark being a fan favourite.

Fuck the UFC 

it's also not true, Brock/Hunt was scheduled well before the event and well before Jones got removed.

11 days ago
5/10/07
Posts: 4399

Judge is tired of Mark Hunt being a big fat baby.

11 days ago
3/13/18
Posts: 4774

Seems awful shitty that Hunt had lawyers that convinced him to fight this all the way. UFC just upheld their contract. While you might call it a shitty clause that prohibits those types of damages, it was what they agreed to- fairly plainly. 

 

Ufc should’ve/could’ve covered the expenses out of goodwill, but hunt wasn’t exactly making it easy for the ufc to like him at the time, if I recall. 

11 days ago
10/12/13
Posts: 3059
leifdawg -
Jimmy Recard -
MattyJ -
ThatsHowIRoll -
MattyJ -

Obviously steroids are bad but he knew what he was signing up for and even made comments in the build up saying along the lines of no amount of steroids will stop him getting knocked out.

And as far as I remember it was a fairly mild fight, Brock just got a few takedowns and did a bit of work on the ground? No brutal knockout, as far as heavyweight fights go I’d imagine the damage sustained by Hunt is pretty much as low as it gets, time to get over it 

Do you also remember this fight got added late because of jon Jones fucking up and hunt 'saved the card'

What relevance does that have?

None really but it shows Hunt went out of his way to help the UFC but it went largely unappreciated.

Dana never liked Hunt and was quite vocal about it when he inherited Hunts contract, despite Mark being a fan favourite.

Fuck the UFC 

it's also not true, Brock/Hunt was scheduled well before the event and well before Jones got removed.

You are correct, Silva stepped up. UFC can still eat a bag of dicks.

Edited: 11 days ago
8/22/14
Posts: 2871

The fuck is wrong with you cunts?

Everyone could see brockhas been doing roids his whole life.

1) why would they even ok that shit,mr sniff test.

2) hunt was sus that brock would even pass the tests leading up to the fight. 

3) he didn't just give them a warning that hed be perturbed if brock failed.  He'd already said he was sick of fighting people on steroids fo about the 5th fuckin time ( no exaggeration)

4) imideatly after the fight he was humble as could be. After brock tested positive he fliped his shit. In " i fuckin told you so" kind of way 

 

 

Edited: 11 days ago
11/20/05
Posts: 22091
That's nice, but it has nothing to do with the lawsuit. To win on the suit papers by dismissal prior to any testimony, you have to show that if everything the plaintiff (Hunt) says is 100% true, he wouldn't win anyway. That's what UFC did. So, if everything Hunt claimed is taken as true, he had no case.