Canelo Sues DAZN, Golden Boy, De La Hoya

margaret thatcher
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by margaret thatcher »

ya i don't know the law, but breach of contract, when dude doesnt even have a contract with dazn and hasnt even seen the contract that does exist, seems a bit silly on nelo's part. at least give dat boi a read sometiem or something

when youre that out of the loop you're basically begging to get screwed over
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

Canelo is probably only trying to terminate his contract with Golden Boy for reasons of fraud and concealment.

That might be the only objective of his lawsuit.

He might refile the lawsuit and also remove DAZN from his complaint.

It’s possible he continues to work with DAZN and also establishes a co-promotional deal with Matchroom US.

Basically a similar set-up GGG has with DAZN and Matchroom US.

Golden Boy and Canelo will probably settle out-of-court, resulting in Alvarez becoming a free agent.

I don’t know what the future holds for Golden Boy if Canelo (and probably Ryan Garcia too) leaves their stable.
coneye
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by coneye »

Enlightened-One wrote: 13 Sep 2020, 18:30 Canelo is probably only trying to terminate his contract with Golden Boy for reasons of fraud and concealment.

That might be the only objective of his lawsuit.

He might refile the lawsuit and also remove DAZN from his complaint.

It’s possible he continues to work with DAZN and also establishes a co-promotional deal with Matchroom US.

Basically a similar set-up GGG has with DAZN and Matchroom US.

Golden Boy and Canelo will probably settle out-of-court, resulting in Alvarez becoming a free agent.

I don’t know what the future holds for Golden Boy if Canelo (and probably Ryan Garcia too) leaves their stable.
Yep , you probably are correct , It certainly seems to me he's reaching for the stars and will settle for the moon ,,, We have been reading for a while he's not happy with Golden Boy , perhaps its all just about getting rid of Golden Boy
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

BadLeftHook are reporting that Eddie Hearn’s budget for Matchroom US has been cut by 40%, with that promotional company having no US-based shows scheduled at all.

That said, we’ll have a better understanding as to how things are going with Matchroom US within the next (possibly as early as later on today), when Hearn expected to announce a raft of autumn fights on both sides of the Atlantic.

The UK shows will be funded by Sky Sports, so it’s the amount and quality of US fight cards we should focus on, since they’ll be funded by DAZN.
bobcatbox
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by bobcatbox »

I just wanna add, that, for the record, DAZN is hosting the World Series of Darts. So if you think they’re all washed up.. think again.

I think if we’re all telling the truth, we’d pay to watch Canelon fight a skyscraper - or on top of one.

According to Kurt Emhoff on this week’s Pug and Copp, we can’t say too much before we see the contracts. It is, after all, a contract lawsuit. Big story will be the presence or absence of a force majeure clause due to COVID’s inevitable role as a factor in analyzing the alleged breach. Emhoff, who was years of experience litigating in the sport and representing fighters, was optimistic that the sides could settle the suit and get Canelo back in the ring.
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

bobcatbox wrote: 18 Sep 2020, 00:32Big story will be the presence or absence of a force majeure clause due to COVID’s inevitable role as a factor in analyzing the alleged breach. Emhoff, who was years of experience litigating in the sport and representing fighters, was optimistic that the sides could settle the suit and get Canelo back in the ring.
Have you read the easily-accessible 26-page legal document that details Canelo's complaints regarding GBP and DAZN?

According to the 26-page complaint filed by Canelo's legal team, there isn't a contract between himself and DAZN, so there'd be no force majeure clause, between those parties.

The same document also states that GBP had actually guaranteed Canelo's purses.

DAZN's owner, Leonard Blavatnik, is worth roughly $26 billion, with the streaming service agreeing to spend $3.6 billion within the last few weeks on their contracts with the J-League and Bundesliga.

So DAZN can’t cite a lack of cash, due to the COVID-19 pandemic, as their excuse to justify their recent efforts to implement cost-cutting measures on their coverage of the sport of boxing, which has not only affected Canelo, but also GBP and Matchroom US.

The one thing I will concede though, is that the contract between DAZN and GBP, which Canelo’s legal team haven’t seen (despite requesting copies multiple times from both parties), may possibly feature a force majeure clause that would permit a delay or cancellation in payments from DAZN to GBP due to the pandemic.
Last edited by Enlightened-One on 18 Sep 2020, 00:56, edited 1 time in total.
gilgamesh
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by gilgamesh »

Why the f*ck would anybody who's not directly involved in the case read a 26 page legal document about this? :lol:
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

gilgamesh wrote: 18 Sep 2020, 00:56 Why the f*ck would anybody who's not directly involved in the case read a 26 page legal document about this? :lol:
It's an interesting topic and it's also good to have an opinion based on facts rather than guesswork,
gilgamesh
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by gilgamesh »

Enlightened-One wrote: 18 Sep 2020, 00:57
gilgamesh wrote: 18 Sep 2020, 00:56 Why the f*ck would anybody who's not directly involved in the case read a 26 page legal document about this? :lol:
It's an interesting topic and it's also good to have an opinion based on facts rather than guesswork,
Not that interesting of a topic really, but whatever floats your boat.

If Canelo winds up under another promotional banner it could be interesting.
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

gilgamesh wrote: 18 Sep 2020, 01:00
Enlightened-One wrote: 18 Sep 2020, 00:57
gilgamesh wrote: 18 Sep 2020, 00:56 Why the f*ck would anybody who's not directly involved in the case read a 26 page legal document about this? :lol:
It's an interesting topic and it's also good to have an opinion based on facts rather than guesswork,
Not that interesting of a topic really, but whatever floats your boat.

If Canelo winds up under another promotional banner it could be interesting.
Yeah, fair enough. We all have different tastes I suppose.

The one thing I will add though, is apart from COVID-19, the outcome of Canelo’s lawsuit against GBP and DAZN could possibly be the most significant development affecting the sport of boxing we’ve seen for the last five years.

And I get it, I truly do, most fight fans are only interested in the action that takes place inside the ring, and there’s nothing wrong about thinking like that.

But in reality, what occurs outside of the ring often dictates the bouts that can be made, hence my interest.
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

I’ve just listened to an MMAPayout podcast (provided by Jason Cruz, who is lawyer) detailing their interpretation of Canelo’s legal submission against DAZN & GBP and here are some interesting points they raised…

They claim the legal justification for Canelo filing a lawsuit against DAZN, despite him not actually having a direct contract with that streaming service, is based him being a third-party beneficiary of the contract between GBP & DAZN.

They say that DAZN has apparently initiated an anticipatory breach of contract, meaning they already put on notice to all the people they have contractual obligations with, that they are likely to breach the contract.

According to contractual law, DAZN have an obligation, once known of an anticipatory breach, to provide an opportunity to cure the breach. They have to do something to rectify the situation.

The move allows DAZN to prevent Canelo and GBP from seeking the full amount of their damages, because of the notice they provided those parties (as per the anticipatory breach of contract).

So DAZN had told Canelo and GBP about their inability to fulfil the contract, citing lots of excuses.

Golden Boy was also obliged to do something in respect of the contract, such as negotiating a smaller deal, delay the events or something else of that nature.

After discussions between DAZN, GBP & Canelo, DAZN only offered a fraction of the $40m guarantee they had provided Golden Boy and substantially less than Alvarez’s own $35m guarantee.

The non-breaching party, in this case it’ll be Canelo, would be legally entitled to either seek damages, repudiate the contract or demand assurances that the contract will eventually be fulfilled.

This led to Canelo instructing GBP to mitigate his damages by having his next fight broadcast by another network, other than DAZN, but Golden Boy didn’t attempt to do this.

And as a result of this, he is claiming he should be freed from his promotional contract with GBP, due to this breach.

From the perspective of DAZN’s possible claims against Golden Boy, it is likely to seek a court order allowing Canelo to be freed from the contractual terms of his promotional agreement.

Golden Boy’s potential defences include:

• The impossibility to fulfil the contract, due to the global pandemic
• Impracticality of the contract, due to uncertainties. So even if GBP could technically stage an event, they couldn’t guarantee safety, they couldn’t guarantee travel, they couldn’t guarantee the venue etc.
• Force majeure (act of God), which excuses contractual performance by GBP due to a natural event that could not be planned for

Canelo’s legal argument include:

• There were other ways to avoid these issues, such as going into a bubble (as per the Matchroom’s Fight Camp events) or stage empty arena shows (as per Top Rank & PBC events)

Canelo’s lawsuit seems primarily focussed on GBP, but it’s clear that DAZN has already admitted their intention to breach their contract with Golden Boy.

Oscar De La Hoya has already told the media he's blaiming DAZN for failing to fulfil the terms of their contract they signed with Golden Boy.

MMAPayout also claimed that Canelo’s legal team should be able to easily rectify the technicality that resulted in his lawsuit being temporarily dismissed.
Ruthless-RKO
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Ruthless-RKO »

Canelo Alvarez lawsuit update

SEPTEMBER 20th UPDATE: More than a week has past since a federal court dismissed a $280 million lawsuit filed by world middleweight champion Saul "Canelo" Alvarez's against broadcaster DAZN and his promoter Golden Boy Promotions. The amount of work needed for Alvarez's attorneys to refile the complaint is small, so the delay indicates negotiations are taking place behind the scenes. Meanwhile, there is one avenue by which Alvarez could seek a relatively big fight while continuing to dispute Golden Boy's exclusive promotional rights. The WBC has rescheduled a purse bid for a fight between Alvarez and Avni Yildirim of Turkey. Such a fight would be ffor the vacant WBC super middleweight championship. The WBC is now saying it intends to hold the purse bid on Tuesday October 6th via open video conference. A purse bid would allow a third party, possibly financed by Alvarez or a company flush with cash thart wants to enter the boxing business, to win the right to promote Alvarez-Yildirim. Itis unknown whether the contract between Alvarez and Golden Boy would permit Alvarez to take such a fight, but it is not unusual for promotional contracts to permit a boxer to fight for a title on another promoter's card if the boxer signs over a percentage of his purse to his promoter of record.

So far one promoter, Tuff Boxing, has indicated it will bid for the fight, submitting a registration through a man named Simon Whittle. However, Tuff Boxing does not appear to be a serious promoter for a fight involving an international superstar like Alvarez. Tuff Boxing was advertising its inaugural show for September 5th in Manchester, England, but there are no official results posted, and the show appears to have been closer to a tough man contest than true pro boxing.

***

SEPTEMBER 11th UPDATE: Saul "Canelo" Alvarez's $280 million lawsuit against DAZN and Golden Boy was dismissed on a technicality by United States District Judge Percy Anderson in California. The issue is that Alvarez's attorneys named the defendants as if they were corporations, when they are actually limited liability companies. When filing a federal lawsuit, and no federal laws are involved, a complaint must allege where the owners of the limited liability companies are located. The court's dismissal will likely mean that the case will be delayed by only a few days, and Alvarez has until September 28th to correct his complaint with no further repercussions.The Court wrote: "because the Complaint alleges the citizenship of the LLC defendants as if they were corporations, rather than as limited liability companies, the Complaint has not properly alleged the citizenship of those parties... As a result, Plaintiffs’ allegations are not sufficient to invoke this Court’s diversity jurisdiction. Accordingly, the Court dismisses Plaintiffs’ Complaint for lack of subject matter jurisdiction. Therefore, the Court grants Plaintiffs leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiffs’ First Amended Complaint, if any, is to be filed by September 28, 2020.The failure to file a First Amended Complaint by that date or to adequately allege the Court’s jurisdiction may result in the dismissal of this action without prejudice."

***

ORIGINAL STORY, SEPTEMBER 9, 2020:

Saul "Canelo" Alvarez, boxing's biggest box office draw and a multi-weight class champion, has sued DAZN, Golden Boy Promotions and Golden Boy principal Oscar De La Hoya for $280 million for breach of contract. In addition to the $280 million, the lawsuit seeks punitive damages and, most importantly to boxing fans, a "judicial determination [that] Alvarez is eligible to participate in bouts arranged and promoted by entities other than Golden Boy and broadcast by entities other than DAZN." The lawsuit was filed in United States federal court in the Central District of California, where Golden Boy is based. Although the lawsuit is carefully worded, it appears that the major legal hurdle for Alvarez will have to overcome is that he does not have a contract directly with DAZN. It appears that Golden Boy, as Alvarez's promoter, has the contract with DAZN, and that Golden Boy has a separate contract promising to pay Alvarez the money it receives from DAZN. If that is the case, in order to win his lawsuit against DAZN, Alvarez must prove he is a third-party beneficiary of the DAZN-Golden Boy contract, something that is a lot harder to do in a court of law than it sounds. Generally speaking, there is a legal presumption against third-party beneficiaries and the Alvarez lawsuit did not quote any specific contractual language that would overcome the presumption.

The lawsuit admits Alvarez has never seen the DAZN-Golden Boy contract, alleging he repeatedly requested copies from both Golden Boy and DAZN, but both refused to share it with him.

Alvarez's lawsuit has some additional legal theories against DAZN, including that DAZN tortiously interfered with the Golden Boy-Alvarez contract as follows: "DAZN's conduct prevented Golden Boy Promotions from arranging, promoting, and paying Alvarez for his bouts as required under the [Golden Boy-Alvarez] Agreement. Due to [this] interference, Alvarez has suffered harm and damages, including, but not limited to, the denied guaranteed payments, lost gate revenue, and opportunities for ancillary revenue associated with bouts, such as sponsorships and apparel revenue."

Alvarez also alleges that Golden Boy promised DAZN that it would deliver a third fight between Alvarez and Gennadiy Golovkin even though, says Alvarez, that Golden Boy had no authority to promise such a fight. According to Alvarez, the Golden Boy-Alvarez contract did not require Alvarez to box any specific opponent other than Fielding. Instead, it specified that Alvarez’ opponents would “be mutually selected by [Alvarez] and [Golden Boy Promotions], subject to [Alvarez’] final approval, not to be unreasonably withheld.” Thus, Alvarez believes he was damaged by Golden Boy trying to deliver a third fight between Alvarez and Golovkin, which, before Alvarez left the middleweight division, was one of the most in-demand fights in the sport.

Alvarez also alleges he was never told that Golden Boy "had entered into an agreement with DAZN that gave DAZN a role in approving his future opponents. Neither did Golden Boy [...] disclose that they had represented to DAZN that Alvarez would have a bout with Mr. Golovkin in 2019. Golden Boy [...] intentionally failed to disclose that they had made representations and/or promises to DAZN that exceeded or were inconsistent with the terms of the [Golden Boy- Alvarez] contract. Had Golden Boy [...] disclosed that their representations and/or promises to DAZN exceeded or were inconsistent with the terms of the [Golden Boy- Alvarez] contract, Alvarez reasonably would have behaved differently, negotiated differently, and may not have agreed to the [Golden Boy- Alvarez] contract without further protections. Alvarez is informed and believes that DAZN is now using the previously undisclosed representations and/or promises of Golden Boy [...] as excuses for its failure to approve of and pay for Alvarez bouts in the fall 2020 and beyond.

All of the following details are based on the allegations contained in Alvarez's complaint, which is his side of the story only, not yet proven as fact and not even evidence. The defendants will have at least thirty days to file answers or motions telling their sides of the story.

In October 2018, Golden Boy and DAZN entered into a contract for DAZN to broadcast boxing matches to be promoted by Golden Boy. The contract also gave Golden Boy additional shows on the DAZN streaming service. According to Alvarez's complaint, the DAZN-Golden Boy contract required DAZN to pay to Golden Boy a license fee of $40 million dollars per bout for ten Alvarez bouts expected to occur in the years 2019 to 2023. Alvarez was not actually party of the negotiations for the DAZN-Golden Boy contract. Instead, Alvarez signed a separate contract with Golden Boy that required Golden Boy to pay Alvarez guaranteed payments totaling $365 million for his next eleven boxing matches: $15 million for the December 2018 bout with Rocky Fielding and $35 million dollars for each of his ten bouts thereafter. The ten bouts were expected to be on or about May 5th and September 15th of the years 2019 to 2023.

De La Hoya, Golden Boy's CEO, is named as a defendant because he personally assumed, along with Golden Boy, liability to Alvarez for making all guaranteed payments to Alvarez. The last fight Alvarez participated in was his win over Sergey Kovalev in November 2019, meaning he missed his first fight of 2020 and is about to miss his second unless this lawsuit gets resolved very quickly.

In late 2019 and early 2020, the parties began discussions regarding potential opponents and venues for Alvarez’ 2020 bouts. In March 2020, there was agreement regarding an opponent and venue for Alvarez’ May 2020 bout, but that bout was never finalized announced due to the coronavirus pandemic. In May 2020, the parties resumed negotiations for Alvarez’ 2020 bouts. They discussed holding boxing matches at unusual venues such as the top of skyscrapers to elevate an Alvarez boxing match into a historic event. Both Alvarez and Golden Boy acknowledged that bouts without fans would deprive them of the gate (ticket sales), but agreed that they were willing to forgo that revenue. During these discussions, DAZN inquired if Golden Boy and Alvarez would be willing to accept payment of less than the $40 million license fee for 2020 bouts in exchange for delayed or alternate compensation. Golden Boy and Alvarez agreed they would evaluate such offers in good faith if they were made, but that time was of the essence because Alvarez was ready, willing, and able to fight in both September and December 2020 so Alvarez wanted the bouts to be arranged quickly.

Despite repeated promises that an offer was imminent, DAZN failed to make a proposal for several months. When Golden Boy and Alvarez proposed opponents, DAZN refused to confirm that it would broadcast Alvarez’s September 2020 bout or pay the contracted $40 million license fee. On June 24, 2020 – approximately ten weeks before Alvarez’s expected September bout date and the time when Alvarez would need to begin training camp-- Alvarez’s attorney wrote to Golden Boy and DAZN to confirm that Alvarez was prepared to face multiple opponents, but that DAZN and Golden Boy needed to affirm their commitments so that the bout could be finalized, promoted, and his training could commence.

In response, DAZN [according to Alvarez's allegations] responded with an anticipatory breach of contract. DAZN stated that it would not pay the required license fee, and provided a series of excuses, including the fact that Alvarez had not fought Gennadiy Golovkin [for a third time] in 2019 and that Golden Boy had not put forth a plan for a second Alvarez fight in 2020. After extended discussions between the parties, [Alvarez admits] that DAZN offered to pay Alvarez and Golden Boy a fraction of the contracted $40 million license fee, part in cash and part in DAZN stock, in advance of a potential initial public stock offering. However, the entire value of the package was substantially less than Alvarez’s contractual guarantee. Throughout the spring and summer of 2020, Alvarez repeatedly asked Golden Boy to explore alternative broadcast options for a fall 2020 bout. Although Golden Boy said it was talking to various broadcasters, it never put forth a plan to pay Alvarez the $35 million it had promised him for each of his fights.

Alvarez has fought the first three of his eleven fights under the Alvarez and DAZN Contracts, and says he is owed remaining guaranteed payments of $280 million.
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

Ruthless-RKO wrote: 21 Sep 2020, 11:13 Canelo Alvarez lawsuit update

SEPTEMBER 20th UPDATE: More than a week has past since a federal court dismissed a $280 million lawsuit filed by world middleweight champion Saul "Canelo" Alvarez's against broadcaster DAZN and his promoter Golden Boy Promotions. The amount of work needed for Alvarez's attorneys to refile the complaint is small, so the delay indicates negotiations are taking place behind the scenes.
This seems to be a very likely reason for the delay in Canelo’s legal team refiling the lawsuit.

For some reason, I reckon the lawsuit will be settled out-of-court.

I also feel that Canelo's contract with Golden Boy will eventually be terminated, and he'll continue to work with DAZN and also establish a co-promotional deal with Matchroom US.

Golden Boy's own relationship with DAZN might be terminated in the near future also, with De La Hoya filing his own lawsuit against the streaming service.

GBP moving all their cards to ESPN+ maybe?
bobcatbox
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by bobcatbox »

Enlightened-One wrote: 13 Sep 2020, 18:30 Canelo is probably only trying to terminate his contract with Golden Boy for reasons of fraud and concealment.

That might be the only objective of his lawsuit.

He might refile the lawsuit and also remove DAZN from his complaint.

It’s possible he continues to work with DAZN and also establishes a co-promotional deal with Matchroom US.

Basically a similar set-up GGG has with DAZN and Matchroom US.

Golden Boy and Canelo will probably settle out-of-court, resulting in Alvarez becoming a free agent.

I don’t know what the future holds for Golden Boy if Canelo (and probably Ryan Garcia too) leaves their stable.
His lawsuit was dismissed for technical requirements to establish the court’s subject matter jurisdiction, so there’s no reason to believe he would remove DAZN from it in its new form.

Arguably, under Federal Rule of Civil Procedure 19, DAZN has to be named as a Defendant because they are an essential party for the suit as the party financially obliged by the contract with Golden Boy. They would be joined as defendants by Golden Boy if he didn’t name them in order for them to lessen their liability for the alleged breach.
Enlightened-One wrote: 21 Sep 2020, 12:01 GBP moving all their cards to ESPN+ maybe?
This potential outcome would depend on Top Rank’s contract with ESPN. I would imagine Top Rank would fight them off pretty hard. They don’t want to help up a weakened competitor.
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

bobcatbox wrote: 23 Sep 2020, 22:29His lawsuit was dismissed for technical requirements to establish the court’s subject matter jurisdiction, so there’s no reason to believe he would remove DAZN from it in its new form.
Agreed, but it's undeniable that the bulk of his complaint is specifically targeted against GBP.

Based on my interpretation of the complaint, Canelo's case against GBP seems far more compelling than his issues with DAZN.

And I do think it’s more likely that Canelo will attempt to retain his business partnership with DAZN than Oscar De La Hoya.
bobcatbox wrote: 23 Sep 2020, 22:29Arguably, under Federal Rule of Civil Procedure 19, DAZN has to be named as a Defendant because they are an essential party for the suit as the party financially obliged by the contract with Golden Boy. They would be joined as defendants by Golden Boy if he didn’t name them in order for them to lessen their liability for the alleged breach.
So you're saying that DAZN would be involved in the suit regardless as to whether or not Canelo named them in his complaint. That's interesting.

So in order to impose a more severe punishment on GBP, you’re saying Canelo’s legal team had to file a complaint against DAZN?
bobcatbox wrote: 23 Sep 2020, 22:29
Enlightened-One wrote: 21 Sep 2020, 12:01GBP moving all their cards to ESPN+ maybe?
This potential outcome would depend on Top Rank’s contract with ESPN. I would imagine Top Rank would fight them off pretty hard. They don’t want to help up a weakened competitor.
I don’t know about that.

I believe Top Rank already has a relationship with Main Events that is similar in nature to Matchroom’s affiliation with Sauerland.

In order for Sauerland’s UK shows to be covered by Sky Sports, they have to work in partnership with Matchroom.

And when Sergey Kovalev appeared on ESPN, Kathy Duva’s Main Events had to work with Top Rank. The same could apply with GBP also.

I’d be shocked if GBP attempted to establish a partnership with the PBC, due to their long-running feud.
bobcatbox
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by bobcatbox »

Enlightened-One wrote: 24 Sep 2020, 02:54
bobcatbox wrote: 23 Sep 2020, 22:29Arguably, under Federal Rule of Civil Procedure 19, DAZN has to be named as a Defendant because they are an essential party for the suit as the party financially obliged by the contract with Golden Boy. They would be joined as defendants by Golden Boy if he didn’t name them in order for them to lessen their liability for the alleged breach.
So you're saying that DAZN would be involved in the suit regardless as to whether or not Canelo named them in his complaint. That's interesting.

So in order to impose a more severe punishment on GBP, you’re saying Canelo’s legal team had to file a complaint against DAZN?
That’s not exactly it. The federal rules of civil procedure demand that a party required to be part of the lawsuit be joined. Failure by Canelo to name DAZN as a co-defendant could even be grounds for GBP to file motion to dismiss under FRCP 12(b)(7). A second Rule 12 dismissal would probably be with prejudice so Canelo’s lawyers would be committing malpractice to even risk it.

Rule 19 also gives GBP the right to join DAZN anyway because DAZN is arguably responsible for some of the damages.

So Canelo isn’t suing DAZN to load up on GBP. It’s essential to his complaint. And they will be jointly and severally liable to the extent a jury would so find. He can’t get more by adding them, only ensure the safety of his lawsuit.
Enlightened-One
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

bobcatbox wrote: 24 Sep 2020, 10:02
Enlightened-One wrote: 24 Sep 2020, 02:54
bobcatbox wrote: 23 Sep 2020, 22:29Arguably, under Federal Rule of Civil Procedure 19, DAZN has to be named as a Defendant because they are an essential party for the suit as the party financially obliged by the contract with Golden Boy. They would be joined as defendants by Golden Boy if he didn’t name them in order for them to lessen their liability for the alleged breach.
So you're saying that DAZN would be involved in the suit regardless as to whether or not Canelo named them in his complaint. That's interesting.

So in order to impose a more severe punishment on GBP, you’re saying Canelo’s legal team had to file a complaint against DAZN?
That’s not exactly it. The federal rules of civil procedure demand that a party required to be part of the lawsuit be joined. Failure by Canelo to name DAZN as a co-defendant could even be grounds for GBP to file motion to dismiss under FRCP 12(b)(7). A second Rule 12 dismissal would probably be with prejudice so Canelo’s lawyers would be committing malpractice to even risk it.

Rule 19 also gives GBP the right to join DAZN anyway because DAZN is arguably responsible for some of the damages.

So Canelo isn’t suing DAZN to load up on GBP. It’s essential to his complaint. And they will be jointly and severally liable to the extent a jury would so find. He can’t get more by adding them, only ensure the safety of his lawsuit.
Oh I get you now. He had to include DAZN in his complaint to make the case for his lawsuit more compelling.

Thanks for the excellent explanation, by the way, it’s appreciated.

One last point though...

I’m led to believe the technical error should have been a trivial matter to address, which means his lawsuit should have been refiled rather quickly.

Do you believe this to be the case or do you think the delay is due to DAZN and/or GBP are trying to negotiate settlement terms (or something of that nature) behind closed doors to prevent the situation escalating to a full-blown lawsuit?
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

Dan Rafael has just confirmed that representatives from Canelo, GBP and DAZN engaged in settlement discussions yesterday for eight hours trying to negotiate a deal to prevent the lawsuit being filed by Monday’s deadline.
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by bobcatbox »

Enlightened-One wrote: 24 Sep 2020, 17:36 Dan Rafael has just confirmed that representatives from Canelo, GBP and DAZN engaged in settlement discussions yesterday for eight hours trying to negotiate a deal to prevent the lawsuit being filed by Monday’s deadline.
Yes and to your prior point this confirms that. Good stuff.

As for an earlier point, including DAZN is legally required by the rules is what I’m meaning to say. And if they weren’t named they’d be joined anyway. So it’s not to make it more compelling just to comply with FRCP 12 and 19.
Enlightened-One
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Joined: 19 Jul 2016, 05:12

Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

bobcatbox wrote: 24 Sep 2020, 22:24
Enlightened-One wrote: 24 Sep 2020, 17:36 Dan Rafael has just confirmed that representatives from Canelo, GBP and DAZN engaged in settlement discussions yesterday for eight hours trying to negotiate a deal to prevent the lawsuit being filed by Monday’s deadline.
Yes and to your prior point this confirms that. Good stuff.

As for an earlier point, including DAZN is legally required by the rules is what I’m meaning to say. And if they weren’t named they’d be joined anyway. So it’s not to make it more compelling just to comply with FRCP 12 and 19.
:TU:
Enlightened-One
Super Lightweight
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Joined: 19 Jul 2016, 05:12

Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

"DAZN offered Canelo Alvarez restructured deal that would pay him $20M per fight"

DAZN wants Canelo Alvarez to stick around, but not at $35 million per fight. The streaming service reportedly offered Alvarez a restructured contract that would pay Alvarez $20 million guaranteed per fight, according to The Athletic.

Alvarez, 30, is suing DAZN and Oscar De La Hoya’s promotion firm Golden Boy for $280 million after DAZN didn’t want to approve another Alvarez fight against a lesser opponent.

The three entities met Tuesday to discuss the issue. The meeting reportedly lasted 10 hours, and resulted in Alvarez being offered a restructured deal that would pay him $20 million per fight, according to The Athletic.

"DAZN offered Alvarez a restructured deal during the mediation process, sources said, that would pay the Mexican icon upward of $20 million guaranteed per fight, along with upside tied to how many DAZN subscribers each event generates. The offer is similar in structure to the way boxers are paid for pay-per-view events, where they earn a certain amount of dollars for every show purchase over a certain plateau."

Alvarez is reportedly considering that offer.
Onetimeonly
Super Featherweight
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Joined: 16 Oct 2018, 06:28

Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Onetimeonly »

But Alvarez doesn't have a contract with dazn. :lol:
Jeff_lacy_ko
Super Featherweight
Posts: 5711
Joined: 06 Sep 2018, 14:15

Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Jeff_lacy_ko »

Thats how these things work. Dazn will force a better deal and canelo will have to take it u less he makes a massive gamble instead
Enlightened-One
Super Lightweight
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Joined: 19 Jul 2016, 05:12

Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Enlightened-One »

Today is the deadline for Canelo to refile his lawsuit against GBP & DAZN.

So we should be able to know very soon whether or not the Mexican has accepted the terms of his revised deal with DAZN.

I really can't help thinking that Canelo wants to stop working with GBP and the main reason for his lawsuit was to become a promotional free-agent, rather than him having any significant issues with DAZN.
Boxing Prospect
Super Middleweight
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Re: Canelo Sues DAZN, Golden Boy, De La Hoya

Post by Boxing Prospect »

DAZN JP have revised their DoCoMo offer
https://www.nttdocomo.co.jp/info/news_r ... 27_00.html

Seems to bring the DoCoMo customers into line with others in Japan
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