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UnderGround Forums >> Eddie Alvarez Gets Jan 25th Court Date


1/18/13 6:39 PM
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Chris27
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http://www.mmaweekly.com/eddie-alvarez-heads-to-court-on-jan-25-seeking-injunction-to-allow-him-to-sign-with-ufc

By Damon Martin


Former Bellator champion Eddie Alvarez will head to court on Jan 25 to seek an injunction that would allow him to sign and fight for the UFC as early as UFC 159 in New Jersey.

According to a report by Kevin Iole from official MMAWeekly.com content partner Yahoo! Sports, Alvarez has been granted a hearing with a judge in New Jersey to seek that injunction that would hopefully allow him freedom from Bellator, and put him to work for the UFC.

Alvarez is currently held up after receiving an offer from the UFC that was then matched by his previous employers at Bellator. Under the terms of his original agreement with Bellator, they had matching rights to offer their former lightweight champion equal contract points for any other promotion that tried to gain his services.

The UFC did in fact make an offer. In their counter offer, Bellator literally took the names UFC and Zuffa (the parent company of the UFC) off of the contract, and replaced it with their name while also dabbling in some extra earning potential for Alvarez.

Alvarez and his management team along with his attorneys hope to prove that the value of the two contracts are not the same due to several additional bonuses the UFC can provide, including pay-per-view points that the fighter can earn with the promotion. Currently, Bellator has never done and as of late last year had not planned to do pay-per-view any time soon.

Alvarez will seek the injunction in front of Federal judge Jose L. Linares, asking for his freedom to sign with the UFC and hopefully fight on the upcoming UFC 159 card in New Jersey, headlined by light heavyweight champion Jon Jones as he faces Chael Sonnen.

The card would also hold local significance for Alvarez because he spends a large portion of his training time in New Jersey working alongside former UFC champion Frankie Edgar. He alsohails from neighboring Philadelphia and has routinely had a fan base that will pay to see him fight locally.

Seeking the injunction doesn’t mean final resolution will come on Jan. 25.

The judge overseeing the case can opt to grant the injunction and allow Alvarez to fight for the UFC and order a trial, he could rule in favor of Bellator, or he could deny the injunction altogether and put the case on trial.

Alvarez is obviously hopeful to seek resolution that would allow him to fight in the UFC in April.

“Got a court date on Jan. 25, very excited to get this BS dealt with. Very confident that the truth will prevail and you should be too,” wrote Alvarez via Twitter on Friday. “Thank you all for having my back through out and pray this can get dealt with quickly.”

On Thursday evening, Alvarez provided a running play-by-play via Twitter for Bellator’s debut show on Spike TV in which lightweight champion Michael Chandler, the man who beat Alvarez for the title, defeated Rick Hawn in the main event.
1/18/13 6:40 PM
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Chris27
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No wonder he wants on that 159 card, Sonnen/Jones with a season of TUF to promote it that card is a lock to do 500-700k buys.

1/18/13 11:53 PM
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Winston Wolf
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let the kid go he practically single handedly put Bellator on the map quit holding him hostage
1/19/13 12:51 AM
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daddy N0
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Bellator just made bad move Phone Post
1/19/13 1:27 AM
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SJBenoist
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I wonder if Zuffa would sign him under those circumstances.
The injunction may free him up in the short term, but if he loses the trial, then he goes back to Bellator.

Even if they sign him in the intern, it's unlikely the UFC would give a chance to beat somebody noteworthy, or gain any real exposure with their fanbase (like putting him on a Main Card). The risk of him getting yanked, then possibly losing to Chandler outweighs any benefit of just waiting out the trial, I would think.
1/19/13 3:29 AM
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shorebreaker420
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I don't belive Eddie will be making that card, when Dana says oh it's gonna get ugly, I take it as its going to be a long process, my guess on the 25th they will set another court date Phone Post
1/19/13 7:35 AM
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Wade5000
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This is getting interesting
1/19/13 7:42 AM
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Evzey
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This could hurt bellator long term. At the moment they are a great fit for young prospects to make a name for themselves before jumping to the UFC this shit may make prospects with big ambitions think twice about signing Phone Post
1/19/13 9:32 AM
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Orcus Knows MMA Better Than Goku
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Winston Wolf - let the kid go he practically single handedly put Bellator on the map quit holding him hostage

wat?

1/19/13 10:01 AM
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Forssberg
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I don't think he's asking for an injunction. More likely a declaratory judgment
1/19/13 10:25 AM
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Magnetic
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I am sure he has great legal help. The Bellator contract is pretty clear and knowingly entering into a bad contract will work against Eddie in court. The Bellator contracts have clauses in them that most good attorneys can find ways out of. There is a lot of case law that would show things in the Bellator contract are egregious at best. At this point Eddie's best chance is to stand as an Independent Contractor and make an indentured servant claim against Bellator.

Bellator is suing for tortious interference. It is often difficult to win a suit based on allegations of tortious interference because the courts over time have decided that workers should have the right to sell their services to whomever they please. Some plaintiffs also must show that the employee is difficult to replace, a high bar because few workers have skills so extraordinary that someone else cannot do the same job.

Fighters and Promoters are not governed by a collective bargaining agreement, which means their disputes are similar to one company taking a top executive from another. The exception that MMA athletes have is that they are true Independent Contractors who are only paid when they perform. Therefore the egregious Bellator contacts allow them to sue with merit. This is to intimidate the athlete more than a legal expectation of victory. If Eddie is in the standard Bellator agreement the case will likely go like this. Bellator sues for tortuous interference, Eddie counter sues under the indentured servant laws, Eddie will likely prevail. Once Zuffa uses Eddie Bellator will sue Zuffa since Bellator owns Eddies name, likeness, nickname etc for all sports and entertainment. Eddie must get the entire contract set aside. If he does that the rest of the Bellator athletes have a framework to get out of their contracts.
1/19/13 5:44 PM
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youarewhatiswrong
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I can't quote Evzey for some reason, but he has the right of it. Bellator is shooting themselves in the foot here.
1/19/13 11:10 PM
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daddy N0
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Internettufguy - I have always wondered how Bellator was able to paste their name over the top of Zuffa's and it be ok. Seems likr it could be some kind of infrigement upon Zuffa's intellectual property. But I ain't no rocket surgeon or nothing. Phone Post
If they actual did that then yes it's illegal. But Bellator never had a PPV so how could that claus in it. Even if it plan on having one it won't hold water in court because it a big what if. I love MMA but with StrikeForce gone i think decency has gone away for a second choice. Bad Move Bellator Phone Post

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