Lawsuit As Negotiation

By Big Tent Democrat, Section Law Related
Posted on Tue Jan 05, 2010 at 01:35:07 PM EST
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It is a time honored tactic in a business negotiation (whether it be a corporate takeover or a contract dispute.) We see it now in a somewhat different context - the negotiations of the potential mega fight between Manny Pacquiao and Floyd Mayweather, Jr. Mayweather appeared to be attempting to leverage his demand for Olympic style drug testing for the proposed fight in order to gain some concessions in the negotiations. Or so it appeared to me. The gist of the tactic was rather remarkable - accuse the Pac Man of being a doper and demand the Olympic drug testing standards be imposed for the one fight between Mayweather and Pac-Man. Strangely enough, the Mayweather camp, which includes Oscar de la Hoya's Golden Boy Productions - represents the fighter Shane Mosely - who has admitted to using steroids. Something about glass houses comes to mind.

In any event, the Pacquiao camp, led by promoter Bob Arum, fired back - with a defamation lawsuit:

There's a fight between Manny Pacquiao and Floyd Mayweather Jr., but it's not in the ring -- at least not yet. Instead, it's in court. Pacquiao filed suit in U.S. District Court in Nevada on Wednesday against Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather, Mayweather Promotions and Golden Boy Promotions executives Oscar De La Hoya and Richard Schaefer, alleging that they made false and defamatory statements accusing him of taking performance-enhancing drugs.

It could be the final blow that will kill the negotiations for their proposed March 13 HBO PPV super fight at the MGM Grand in Las Vegas, a bout many believe would be the richest fight in boxing history if it takes place.

Of course it was NOT the final blow that "killed" the negotiations. It was in fact, part of the negotiations. Indeed, a mediation is scheduled for today:

Manny Pacquiao and Floyd Mayweather Jr. are going to mediation to try and salvage their March 13 fight. Representatives of the two fighters will meet Tuesday with a California mediator in an effort to reach agreement on blood testing issues that have threatened to derail the fight. The mediation comes after two weeks of talks on the issue.

I doubt the fear of liability is the issue. Rather, the Pacquiao camp felt compelled to vehemently deny the charges made by the Mayweather camp and to attack the Mayweather camp for doing damage to the sport of boxing. It seems to have worked.

To paraphrase Clausewitz, lawsuits are just an extension of negotiation by other means.

Speaking for me only

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Lawsuit As Negotiation | 24 comments (24 topical)

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Junk lawsuits clogging our court system! (5.00 / 1) (#1)
by andgarden on Tue Jan 05, 2010 at 01:40:22 PM EST

/wags finger at BTD

"...to attack the Mayweather camp... (5.00 / 1) (#12)
by desertswine on Tue Jan 05, 2010 at 04:15:52 PM EST

...for doing damage to the sport of boxing."

Yeah, wouldn't want to sully the reputation of boxing.

LOL... (none / 0) (#15)
by kdog on Tue Jan 05, 2010 at 05:39:25 PM EST

I was expecting a Don King pic...but that works:)


I used to be an avid boxing fan... (none / 0) (#22)
by desertswine on Tue Jan 05, 2010 at 09:54:41 PM EST

When I was a kid I used to watch the Friday Nite Fights with my Dad; saw Carmen Basilio, Gene Fulmer, Willie Pep, Ray Robinson; etc - great fighters.

Then one nite in 1980 I was watching the ESPN fights (I think it used to be on Thursday nites), and Lupe Pintor killed Johnny Owen. Owen fell like he had been shot. He lingered a few days and then died in the hospital. And I never watched another fight.


Almost the exact same m.o, here (none / 0) (#23)
by jondee on Wed Jan 06, 2010 at 03:44:45 PM EST

Desert.

It makes you sick to see something like that.

Who Killed Davey Moore? Why and whats the reason for?


: While we're veering (none / 0) (#24)
by jondee on Wed Jan 06, 2010 at 04:15:24 PM EST

recklessly off-topic, Ron Howard's portrayal of Max Baer as an arrogant, cold-blooded pr*ck in that film was an unjust, complete crock of sh*t. According to practically everyone who knew him, Baer was haunted all his life by that guy he accidentally killed and certainly never publicly bragged about it.
Also, contrary to Howard's Hollywood schlock portrayal of him, Max was so generally well liked by the people who knew him, that when he died Primo Carnera, the man Max had previously beaten for the title years before, heard about Max's death, he climbed the locked cemetery gate at night to visit Max's grave because he had missed the funeral and didnt want to wait till the cemetery opened the next day.

The beauty of this (none / 0) (#2)
by Maryb2004 on Tue Jan 05, 2010 at 01:50:54 PM EST

is that these two will get to beat each other up when it is all over and people will pay them money to do it. Normally when one side takes a negotiation into court there's a lot of bad blood between the parties but no (legal) outlet to spill the other side's blood.

Oh. I thought this was about (none / 0) (#3)
by Cream City on Tue Jan 05, 2010 at 02:05:05 PM EST

the baker's dozen of Repub AGs threatening suit on the constitutionality of the corruption, the Nebraska bribe, in the health care bill.

Back to your regularly scheduled sports programming. . . .

That was already addressed (5.00 / 1) (#4)
by lilburro on Tue Jan 05, 2010 at 02:19:04 PM EST

here.


: Oh, I know -- but (none / 0) (#7)
by Cream City on Tue Jan 05, 2010 at 02:40:46 PM EST

now really, have you never noticed any erstwhile redundancy at TL on the big issues? Like, y'know, fantasy football?

This post would certainly fit at (none / 0) (#5)
by Big Tent Democrat on Tue Jan 05, 2010 at 02:24:33 PM EST

Sports Left (coming soon!)

But I think it is also about our legal system to some extent as well.


Pugilistic Dementia (none / 0) (#6)
by jondee on Tue Jan 05, 2010 at 02:29:40 PM EST

and the long list of boxers who have suffered from it is enough reason to have had Olympic standards in place before now, if not reason enough to institute an outright ban on boxing.

as long as it's not (none / 0) (#8)
by lilburro on Tue Jan 05, 2010 at 02:50:34 PM EST

replaced by UFC which is the stupidest thing ever IMO.


: That sh*t I can't get into... (none / 0) (#16)
by kdog on Tue Jan 05, 2010 at 05:42:11 PM EST

A lot of my buddies love it, but I don't see any sport in UFC like I do in boxing...its just a brawl, boxing is a science.
But its a question of taste I guess...

Say it ain't so jondee! (none / 0) (#9)
by kdog on Tue Jan 05, 2010 at 03:16:35 PM EST

Ban the sweet science? Can you not appreciate the artistry of the sport?


Not as much as I used to (none / 0) (#10)
by jondee on Tue Jan 05, 2010 at 03:43:59 PM EST

Something about hearing about Floyd Patterson with a diaper and a dribble cup kinda soured me a little.

The bit about two kids from the hood giving each other brain damage for the entertainment of the rat pack in the $1500 ring side seats always struck me as a little late Roman Empire-ish, also.

But, maybe Im just getting old, cranky and hypersensitive.


We all die... (none / 0) (#11)
by kdog on Tue Jan 05, 2010 at 03:52:02 PM EST

and if we live long enough we all end up in diapers....the question is did you really live?

Patterson was Heavyweight Champion of the World!


Well (none / 0) (#13)
by jondee on Tue Jan 05, 2010 at 05:29:35 PM EST

at the very least these guys shouldnt be allowed to juice.

Theres already been a significant number of guys over the years who have died after a fight without us giving them the greenlight to kill each other for our entertainment.


: They also killed each other.... (none / 0) (#18)
by kdog on Tue Jan 05, 2010 at 05:52:30 PM EST

in pursuit of greatness. Think of all the good guys like Johnson, Patterson, Louis, & Ali did for black people, all the inspiration and the sense of pride they inspired. No doubt there is an unsavory underbelly but ya can't deny the positive either.

Yeah, (none / 0) (#14)
by NYShooter on Tue Jan 05, 2010 at 05:38:28 PM EST

I was in the Bronx (watching the fight from the elevated subway platform) the night Patterson got knocked out by "The Hammer of Thor," Ingemar Johansson in the first of their three epic fights. The way Patterson came back to regain his championship in fight #2 should be an inspiration to athletes for all time.

Little known trivia fact: One of "Thor's" sparring partners for fight #3 was a brash, young loudmouth, Cassius Clay, who went on to become, IMO, the greatest heavyweight champion of all time.......Mohammed Ali!

Whether you love, or hate, boxing the two trilogies, "Patterson/Johannson," followed a few years later by "Ali/Frazier" were epochal stories that truly transcend simple sports lore.


: Wild... (none / 0) (#17)
by kdog on Tue Jan 05, 2010 at 05:45:56 PM EST

Shooter...thats a cool story.
I only know these legends from film...and it does transcend sports.

: I remember those fights too (none / 0) (#19)
by jondee on Tue Jan 05, 2010 at 05:53:15 PM EST

Johansson lying on the canvas quivering like a line worker who'd accidentally touched the wrong wire after Patterson clocked him with that left hook in that second fight..

What do you think of this negotiating (none / 0) (#20)
by oculus on Tue Jan 05, 2010 at 07:19:22 PM EST

tactic: Lawyer refuses to pay B of A credit card bill, threatens to sue

: Perfect example (none / 0) (#21)
by ruffian on Tue Jan 05, 2010 at 07:38:44 PM EST

I may try it myself with BofA if they jack up my rate.