When You’re Down and Out, Someone Will Kick You In the Head

November 4, 2009
By Whitey Hudson

Fedor Should Remember That Head Kicks Are No Longer Legal When A Man Is Down

MMA Payout.com, one of the best sites on the interweb for covering the business of MMA, has this to report on the eve of Strikeforce: Fedor vs. Rogers:

tom atencio When Youre Down and Out, Someone Will Kick You In the HeadMMAPayout.com has learned that Fedor Emelianenko and M-1 have brought suit against Affliction Clothing and Affliction Entertainment in Federal Court. The complaint alleges breach of contract and breach of the implied covenant of good faith and fair dealing as it relates to a series of agreements between Emelianenko, M-1, and Affliction.

The complaint obtained by MMAPayout.com sheds new light on the relationship between the parties. Under the terms of the agreements, Emelianenko was to receive $300,000 per bout plus travel and accommodations expenses from Affliction in addition to a “substantial” payment from M-1. In addition to its promotional agreement with Emelianenko, Affliction also entered in a consulting agreement with M-1 as well as a letter agreement concerning Affliction’s sponsorship of the M-1 Challenge.

The cancellation of Affliction: Trilogy and the circumstances surrounding it are at the heart of the allegations.  According to the complaint:

Plaintiff is informed, believes, and based thereon alleges Affliction intended to sign Brett Rogers to fight in Affliction: Trilogy and intended to go forward with the event if the UFC deal failed, but intended to cancel [the event] if the UFC deal closed.  Brett Rogers was ready, willing, and able to fight Emelianenko in [the event], but instead of honoring its promises to Emelianenko and M-1 by signing Rogers, Affliction elected to serve its own financial interests at the expense of its partners.

The complaint goes on to state that following discovery concerning the events that lead to the event’s cancellation and “determining what discussions and agreements took place between Affliction and the UFC, and when these discussions took place, Plaintiffs will amend this complaint to add additional allegations, causes of actions, and parties as supported by the facts discovered.”

It just goes to show that the only way to beat Fedor may be in the People’s Court…

Good luck, Tom, I hope Fedor and M-1 are 31-2 after this one plays out.

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