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Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 11:08
by Enlightened-One
"Court denies World of Boxing’s request for Wilder emails re Meldonium in continuing legal drama"
The United States District Court in Southern New York has denied a Motion to Compel in the World of Boxing/Alexander Povetkin lawsuit against Deontay Wilder. Previously produced documents from Wilder’s attorney were determined to be work product by the Court.
The case has a long and winding history and while a jury determined that Povetkin had Meldonium in his system post-January 2016, the legal issues related to $7.15 million still held in escrow as well as allegations that Wilder breached his contract. A breach of contract carries liquidated damages of $2 million.
The issue concerns 15 emails sent by Wilder’s attorney John Wirt after it was discovered that Povetkin tested positive for Meldonium. Wirt has sent a letter to the escrow agent holding the purse money indicating that it not be released until resolution of the matter since it was Wilder’s position that Povetkin breached the Bout Agreement due to his positive drug test. WOB objected to the letter which precluded the release of funds.
The emails were originally produced in written discovery but when WOB produced them at deposition, Wilder invoked a “claw back” provision which allows for the return of documents deemed attorney-client or work product. On its privilege log, a list of documents withheld which lists the reason for not producing, it noted that the emails were attorney-client privilege.
WOB argued that the emails were discoverable because they were labeled as attorney client privileged and not work product. Furthermore, they were not prepared in further anticipation of litigation which is a requisite in protecting a document via work product. WOB argued that in deposition testimony by DiBella and Alex Dombroff, they were not thinking of a lawsuit.
Payout Perspective:
This case seems to be far from over as the fight over which side breached the Fight Contract and who should receive the $7.15 million in escrow. Wilder was set to make over $4.5 million while Povetkin was going to make $1.9 million. The winner would have earned an additional $715,000. However, Povetkin’s promoter, who made the successful purse bid, would like the money back. In addition, they claim Wilder breached his agreement to travel to Russia despite the news of Povetkin’s drug test. The contract indicates a liquidated damages penalty of $2 million. One has to wonder the importance of the emails as WOB has seen the contents. It’s a matter of being able to utilize them in evidence. Since the Court has determined them to be work product, they cannot be used at all.
Thoughts?
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 13:31
by oogiebe
This is incredible! I'd have to read the contract to determine my opinion. Were there stipulations?...assumptions?...the language used...the "flavor" of the agreement, that sort of rot.
On the surface, the obvious thought is, Povetkin failed a drug test. End of story.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 13:44
by bigman1968
Way beyond my legal knowledge-)))
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 14:12
by tiny_acres
bigman1968 wrote: ↑16 Apr 2018, 13:44
Way beyond my legal knowledge-)))
Give it a minute and half the forums LEGAL EXPERTS will be here giving us their expertise
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 14:17
by oogiebe
tiny_acres wrote: ↑16 Apr 2018, 14:12
bigman1968 wrote: ↑16 Apr 2018, 13:44
Way beyond my legal knowledge-)))
Give it a minute and half the forums LEGAL EXPERTS will be here giving us their expertise
You can't have an opinion without the facts, in this case the contract. Off the top...Povetkin failed the drug test which nullifies the contract and anything that would have followed.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 14:19
by bigman1968
tiny_acres wrote: ↑16 Apr 2018, 14:12
bigman1968 wrote: ↑16 Apr 2018, 13:44
Way beyond my legal knowledge-)))
Give it a minute and half the forums LEGAL EXPERTS will be here giving us their expertise
[/quote
Legal experts and pharmacologists-)))
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 14:20
by oogiebe
bigman1968 wrote: ↑16 Apr 2018, 14:19
tiny_acres wrote: ↑16 Apr 2018, 14:12
bigman1968 wrote: ↑16 Apr 2018, 13:44
Way beyond my legal knowledge-)))
Give it a minute and half the forums LEGAL EXPERTS will be here giving us their expertise
[/quote
Legal experts and pharmacologists-)))
Now...THAT is funny! LMAO!
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 14:23
by boxing_rocks
It is clear though that Wilder is getting off on a technicality. If those emails were discoverable, it could change the outcome.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 16:13
by greg
..from that very little I understood going over this legal gibberish, this can be a never-ending saga..
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 16:15
by oogiebe
boxing_rocks wrote: ↑16 Apr 2018, 14:23
It is clear though that Wilder is getting off on a technicality. If those emails were discoverable, it could change the outcome.
????!!!! Explain please. Did you read the contract? I don't think any of us know enough without reading the agreement.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 18:55
by boxing_rocks
oogiebe wrote: ↑16 Apr 2018, 16:15
boxing_rocks wrote: ↑16 Apr 2018, 14:23
It is clear though that Wilder is getting off on a technicality. If those emails were discoverable, it could change the outcome.
????!!!! Explain please. Did you read the contract? I don't think any of us know enough without reading the agreement.
Povetkin's legal team wanted the emails to be admittable for a reason. The rest is beyond my understanding.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 19:17
by Badhusker
tiny_acres wrote: ↑16 Apr 2018, 14:12
bigman1968 wrote: ↑16 Apr 2018, 13:44
Way beyond my legal knowledge-)))
Give it a minute and half the forums LEGAL EXPERTS will be here giving us their expertise
Kalan will straighten us all out.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 19:59
by Kalan
oogiebe wrote: ↑16 Apr 2018, 13:31
This is incredible! I'd have to read the contract to determine my opinion. Were there stipulations?...assumptions?...the language used...the "flavor" of the agreement, that sort of rot.
On the surface, the obvious thought is, Povetkin failed a drug test. End of story.
BULLCRAP!!! .... Povetkin DID NOT FAIL ANY PED TEST FOR WILDER!!!! ... Both VADA and the WBC acknowledged that AFTER their long drawn out investigation took many months and should have taken 2 days... All they had to do is ask experts.
Povetkin had an ALLOWABLE concentration of Meldonium in one sample... actually 7% of an amount of Meldonium that still passed the test... The WBC claimed they wanted to find out if Povetkin could have tested clear for one test and have 70 nanograms of Meldonium in a later test... The answer after talking to experts was YES!!! .... For the same reason you can piss almost clear one day and yellow the next day... You simply weren't as hydrated... meaning you drank less water. The blood cell secretions that cause the yellow color weren't as concentrated when you peed almost clear.
It actually takes many months for Meldonium to clear your body... That why the cut off point for the test in question was 1 microgram... Povetkin had 7% of that or 70 nanograms... However that is such a tiny amount that whether or not you drank a certain amount of liquids before the test you might have tested completely clear.
And BTW.... Meldonium was perfectly legal to use for over 30 years... NO drug testing agency considered it a PED until Western drug manufacturer of rival drugs lobbied to have it put on the PED list... It's manufactured in Latvia... They finally got their wish and it was added to the PED list in 2016.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 20:16
by Ilya Muromets
Just read this far and you will know all you need to know:
"The United States District Court in Southern New York... "
New York City sheister lawyers and judges.
Re: Wilder vs. Povetkin Lawsuit
Posted: 16 Apr 2018, 22:21
by asdfjkl
Long story short: Corrupt Americans try to protect and help out corrupt Americans, but there's no way they can get away with this size of scandal and corruption. There's a reason Povetkin is considered as the real WBC champ for years now by independent boxing fans.
They don't even allow Povetkin to show the truth, which is that Povetkin is an innocent person. The American court doesn't even look at the evidence at all, that shows how corrupt they are. Also, Wilder continually proves he got very close (and illegal) connections with the lab he usually get's tested by. It's very obvious he's not a boxer, but plays very shady games with the help of his friends at some labs.
Either way:
"For these reasons, and given that Wilder's job is to be a boxer and not an investigator of doping by adversaries, the Wilder Parties have met their burden of showing it was not part of the ordinary course of their business to have the discussion that is the subject of the emails at issue and that these discussions would not have occurred absent the potential for litigation.
III
CONCLUSION For the foregoing reasons, the motion to compel
(Docket 270) is denied."
Appearantly Povetkin seems to have won.
I wonder what usually happens with Americans that try to steal money, do they and all their crime partners end up in prison? Or do such laws not count for Wilder and his criminal partners?
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 11:18
by Ruthless-RKO
Povetkin-Wilder lawsuit finally over
The long, winding and bitter lawsuit between Deontay Wilder and Alexander Povetkin and his promoter World of Boxing has come to an end with the parties stipulating an end to their lawsuit via a filing last week.
The two boxers were scheduled to fight in May 2016 in Russia but due to a failed drug test for Meldonium by Povetkin, the fight was called off. Semantics may have come in to play as Wilder claimed that Povetkin’s drug test cancelled the fight while Povetkin and his promoter claimed that Wilder’s refusal to come to Russia for the event forced the hand of the WBC to continue the fight.
Dueling lawsuits occurred with a contentious battle between the parties. Despite a trial which saw a jury determine that Povetkin ingested Meldonium, siding with Wilder’s side, the case did not end there. Yet, after trial, the Court sided with Povetkin and World of Boxing in its Summary Judgment motion deferring to the WBC’s Bout Agreement which was subject to the World Boxing Council’s Rules and Regulations.
The District Court’s Summary Judgment decision was appealed to the Second Circuit Court of Appeals where the court affirmed the lower court’s decision. After the ruling there were threats to appeal the ruling to a full court of appellate judges or even the U.S. Supreme Court. However, those threats went by the wayside as the parties agreed to the dismissal of the lawsuit. Despite still having a defamation claim against Wilder, Povetkin and World of Boxing agreed to drop the claim. The parties agreed not to pursue any costs it may have been entitled to.
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 11:19
by margaret thatcher
So no one got anything
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 11:33
by Ruthless-RKO
On February 14, 2017, Wilder won US$5 million plus legal fees after taxes, in court, over the cancellation of the fight.
https://www.stuff.co.nz/sport/other-spo ... y-decision
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 11:35
by margaret thatcher
Didnt Pov then win lawsuits to override that or something?
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 17:26
by Enlightened-One
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 18:31
by Bandog
Who in the fornicate brings up something over a year old???
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 18:51
by oogiebe
Bandog wrote: ↑28 Sep 2019, 18:31
Who in the fornicate brings up something over a year old???
Apparently there was some finality last week.
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 19:55
by Impractical Poster
People is bitches yo.
Re: Wilder vs. Povetkin Lawsuit
Posted: 28 Sep 2019, 19:56
by margaret thatcher
That's what I had thought
