Texas Court: Randy Couture Must Arbitrate in Nevada
by Luke Thomas on Aug 4, 2008 3:37 PM EDT
in MMA News
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PrintFrom a press release in my inbox:
Las Vegas, NV -- Zuffa, LLC, the parent company of the Ultimate Fighting Championship® (UFC®), has been informed by the Texas Court of Appeals that it has granted Zuffa’s Motion to Compel Randy Couture to arbitrate in the District of Nevada, thereby staying all further action by HDNet against Zuffa in the state of Texas.
Specifically, the Court of Appeals found that the lower court had engaged in “a clear abuse of discretion” by permitting HDNet to litigate claims relating to Mr. Couture’s contract in Texas, rather than in Nevada, where Zuffa is presently pressing a breach of contract action against Mr. Couture.
Upon learning of the court’s decision, Zuffa’s Las Vegas counsel, Donald J. Campbell, Esq., explained the significance of the ruling:
“The practical effect of the Court’s decision is to allow Zuffa to continue its prosecution of claims against Mr. Couture in the Arbitration presently underway here in Nevada without any regard to the flaccid claims of HDNet and its management. Based upon evidence uncovered during the interrogation of Mr. Couture during his deposition, we have every confidence that Mr. Couture will be held accountable for the serious and ongoing breaches of his contractual obligations to Zuffa.”
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Well
From my understanding, home field advantage in legal proceedings is huge. Zuffa is trying to maximize their ability to find Couture in breach of contract.
Correct
If Mark Cuban had not started a case in Texas, the overall process may have been close to an end by now.
these cases are running parallel to one another to my understanding. with one not affecting the other as far as this one delaying that one and vice versa….. Cuban was actually looking to get a declaratory judgment….he was wanting to get a judgment sooner so as to have a precedent, while the outside counsel for zuffa was looking to sandbag the texas proceedings so that the ultimate decision would be made in the nevada court. cuban will prob appeal but prob won’t win…..leaving the case to be decided in nevada….
again all of this is to my understanding, mike might be a better person to weigh in on this….
Mike Goldberg on robnashville:
"His analysis is so analytical"
This is about right, though clearly this has been a disaster for Couture. Cuban really fucked him by luring him out. Cuban loses this round, but so what, look at all he has. Couture is the one who got screwed. He sacraficed his name among many fans, and he’s going to end up even worse off than where he started if he loses a breach judgment.
I expect a settlement that involves Randy Couture returning to the UFC by early 2009.
As In...They Won Period
They can make this drag out as long as they want…thus killing the chances of Couture ever fighting again if they choose to do so.
http://tharealness.wordpress.com/
Couture=business and living in Nevada.
UFC=based out of Nevada
Cuban=Texas
Why wouldn’t it be settled in Nevada. I don’t fall on either side of teh Randy/UFC thing, but it sure looks like a case for the Nevada courts to me.
"The bigger the cushion, the sweeter the pushin'"
This is my understanding of the situation, people can correct me if I’m wrong.
Randy “resigned” from the UFC.
His contract had a provision saying that any disputes will be resolved via arbitration in Nevada
He signed a contract with HDNet that begins when he is no longer under contract with the UFC.
Cuban creates a company in Nevada, sues in Texas. He wants a court to say that Randy is no longer obligated to work for the UFC.
Zuffa files a motion saying that this should be done in Nevada, since we are in Nevada.
The court says the Texas court can rule on this case, don’t know why.
The court in Texas says we won’t rule on this, go to arbitration in Nevada.
Cuban appeals.
Appellate court says, we won’t rule on this, go to arbitration in Nevada.
Cuban will probably appeal again.
Basically, it seems to me that Cuban tried to run to a court in Texas (obviously more favorable towards him) to say that Randy is no longer under contract to Zuffa, and that the contract with HDnet has started. But, due to a provision in Couture’s contract, the Texas court won’t touch this. It seems like at first Cuban wanted to get this over with quickly and get a Randy/Fedor fight done on HDnet, because arbitration can and will take a while. All he’s doing now, by continuing to appeal though, is stall.
Randy really needs to learn how to pick his battles better. If he keeps this up he’ll be broke and never fight again. It will happen. Lawyer fees add up on a losing case. The UFC will hold him to the money they gave him and his fame found by them. I believe this sets a presidence to what the final verdict will be. Just get in the ring Randy so we can see Big Nog retire you. Unless he’s afraid? He beats Big Nog and Fedor will seek him out.
As long as Zuffa Want's !!!!
Pretty much like a poster said above the UFC can drag this out as long as they want now with appeals,delays,motions,etc. I am 99% The only way Randy will ever fight again or fight Fedor for that matter is in the UFC, I think Fedors Manager Vadim Finkelstein knows this also thats why he wants to talk to the UFC now about signing Fedor to make the big pay day fight with Randy. All the cards one way or another are in Zuffa’s Hands right now !!! Dana’s head must be as big as Tito’s right now thats how much he loves the big ass monkey wrench he threw in in Randy’s,Fedor and Afflictions plains for the Future !!!!!
Correct me if I'm wrong
Fact: Randy was offered 3 million to fight Fedor while he was not under contract with the UFC. Randy decided not to and signed a contract with the UFC. Randy made these choices. Randy has also refused to fight one of the best HW’s ever to walk, . Someone who has beat Josh Barnett, Ricco Rodriguez ,Tsuyoshi Kohsaka, Valentijn Overeem and Enson Inoue all guys who beat Randy. Not to mention other top HW’s Big Nog has fought and beat that Randy hasn’t even fought. Like CroCop, Fabricio Werdum, Mark Coleman….
He was offered 1 million by Pride, not 3. He went to UFC with the offer out of loyalty, and got a deal with them instead.
The stuff about Randy being afraid is so childish. He’s turned his entire life upside down for this. Misguided? Yes, I think so, but afraid is utterly absurd. This is a guy out there fighting for a living, and he was hoping to face Mirko Cro Cop back when he was so terribly feared.
If you don’t think Randy’s afraid, then your foolish. He’s not afraid to fight. He’s afraid if he loses to anyone besides Fedor he won’t get his chance with Fedor. And it was 3 million. Learn your shit Mr. Rome.
Randy is 16-8…Randy goes 16-9 why would Fedor want to fight him? CroCop would have fit right into Randy’s fightplan. Someone that can’t work off his back or from the ground or clinch. Big Nog with his strengths work against Randys. Style speaking Big Nog is more dangerous to Randy then CroCop. Same way Couture said ‘Gonzaga’ was tougher on him the CroCop. If Gonzaga is tougher then what’s Big Nog?
Michael Rome
Your 1 million by Pride is double wrong. It was Bodog and they offered Randy 3 million to fight Fedor in which he said no to. Period. Don’t know why I didn’t catch you saying Pride the first time.
Possibly, especially being older and coming out of retirement. I don’t know why he’s loved so much. Yeah he can fight. But every time he loses he’s got excuses. Lost to Barnett, oh he was doped up. Lost to Ricco, oh HW fighters are getting too big? He loses to Liddell and blames it on a poke in the eye. He loses to Liddell again and blames it on distraction and desire due to divorce. He doesn’t honor his contract he just recently signed and blamed it on the UFC. I mean really.
Do you have any links or quotes from Randy saying those things? I remember when the Barnett loss happened and even after the suspension he said Barnett beat him fair-and-square and maintains so to this day.
by asa on Aug 5, 2008 2:39 PM EDT up reply actions
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