CHICAGO, IL, May 07, 2015 /24-7PressRelease/
-- Today, Duncan Law Group, LLC
, Agruss Law Firm LLC
, and Cronin & Co., Ltd
., filed a class action lawsuit against Top Rank, Inc., Emmanuel Dapidran Pacquiao, Home Box Office, Inc., Showtime, Inc., Mayweather Promotions, LLC, Floyd Mayweather JR., DirecTV, LLC, and AT&T U-verse, on behalf of four individuals and all others similar situated, pursuant to Rule 23 of the Federal Rules of Civil Procedure, who purchased the pay-per-view Floyd Mayweather v. Manny Pacquiao Boxing Match, which took place on Saturday, May 2, 2015.
The Complaint alleges that, for the past six years, at least, consumers have been anticipating the fight between Floyd Mayweather and Manny Pacquiao, which was set to take place on Saturday May 2, 2015, at the MGM Grand in Las Vegas, Nevada, at 10:00 p.m. Central Standard Time. Defendants, individually and collectively, deceptively and fraudulently promoted, produced and sold the Fight as one between two healthy fighters, utilizing means including but not limited to television commercials, producing and broadcasting special television programming, giving interviews, distributing press releases, orchestrating a highly publicized weigh-in, and expressly misrepresenting the health of Manny Pacquiao to the Nevada State Athletic Commission, all in an effort to maximize and collect pay-per-view revenue.
The Complaint further alleges that, for years, consumers have wanted Mayweather and Pacquiao, two of the very best pound-for-pound boxers in recent history, if not ever, to fight. Mayweather was widely regarded as a calculated, defensive fighter with historically conservative punch counts. Pacquiao was widely regarded as an aggressive fighter with historically high punch counts, and was known for his effective and frequent right-jab. Despite their differences in technique, both fighters had been considered and reported as the best "pound-for-pound" fighter in the world. For years, since at least 2009, the two fighters and their representatives had unsuccessfully tried to arrange and schedule a fight. Mayweather is currently under contract with SHO. For years, SHO has produced and broadcasted programming promoting Mayweather. Pacquiao is currently under contract with HBO. For years, HBO has produced and broadcasted programming promoting Pacquiao.
The Complaint states that, until January 2015, it was believed that the fight would never occur. On January 27, 2015, Mayweather and Pacquiao both attended the Miami Heat vs. Milwaukee Bucks game in Miami, Florida. Their attendance, and discussion during the game, was broadcast and reported as news around the world. The mere sight of them talking renewed interest in a potential fight. With that chance meeting, public interest in the fight was renewed. Three weeks later, on and around February 20, 2015, Mayweather announced, via social media, that he was finally going to fight Pacquiao. Mayweather's announcement was broadcast and reported around the world. Public interest grew. The details were still being worked out. The promoters, Mayweather Productions and Top Rank, and their respective fighters, Mayweather and Pacquiao, and others, executed a term sheet, but not a final contract, between February 20, 2015 and April 15, 2015. The Fight was scheduled and announced to take place on May 2, 2015, at the MGM Grand Hotel & Casino in Las Vegas, Nevada.
Finally, the Complaint makes clear that, despite a final contract not being signed, both HBO and SHO produced and broadcast special programming documenting both Mayweather's and Pacquiao's training, with the purpose of promoting the Fight and maximizing pay-per-view purchases. At the time the Fight was first announced, it was reported and believed that it was going to be the largest grossing fight, in terms of pay-per-view revenue, in the history of boxing. At all times since the Fight was announced, up until the opening bell of the first round, Mayweather was the favorite and Pacquiao was the underdog. As of April 15, 2015, the final contract for the fight was still not signed, and the proposed contract was reported not to include Pacquiao's promotor, Top Rank, as a signee or party to the contract. On or around April 22, 2015, it was reported that the contract was finally signed by all parties, including Top Rank, and that tickets would finally go on sale on April 23, 2015. In addition, the fight would be distributed via pay-per-view, for a cost of between $89.99 and $99.99, plus fees and taxes, through various cable providers, including but not limited to Defendants AT&T (including "AT&T U-Verse") and DirecTV.
"Plaintiffs and class members have suffered damages proximately caused by Defendants' willful concealment of the subject injury and the misrepresentation that each fighter was perfectly healthy when, in fact, Defendants had prior knowledge that Pacquiao had a physical impairment which would prohibit a competitive fight," stated Michael Agruss, one of the plaintiffs' lawyers. "Stated simply, the damages include the obvious fact that Plaintiff and class members have been the victim of a "bait and switch" -- they thought they were genuinely buying an opportunity to view an extraordinary sporting event when, in fact, there were key facts that undermined the integrity of the fight and the value of Plaintiff's purchase to view that fight."
For more information, contact
Duncan Law Group, LLC (312-202-3283)
Cronin & Co., Ltd., (312-201-7100)
Agruss Law Firm, LLC (312-224-4695)