Dave Herman is in the midst of a legal battle with Bellator and it has cost him a September 11, 2010 showdown with Aaron Rosa for Shark Fights. Sherdog's Loretta Hunt has led the way on this story and has the scoop:
Patrick English, Bellator’s attorney, told Sherdog.com that Shark Fights would be removed as a third party from the countersuit as long as it didn’t enlist Herman for its Sept. 11 event or offer him any other bouts -- terms that both promotions agreed to in discussions that took place over the last two weeks.
If Shark Fights had proceeded with the bout regardless of Bellator’s legal stroke, it was likely that Bellator would have filed for a temporary injunction preventing Herman from competing, acknowledged Shark Fights President Brent Medley. The promoter, who launches his first pay-per-view effort in September with a talent-laden roster, said the prospect of fighting over Herman in court wouldn’t have been cost-effective for his company.
The capitulation is a 180 degree turn for Shark Fights. The promotion had talked previously about battling it out in court, but when the time came decided it was easier to give up the fight rather than embark on a long and extended legal battle. The Fight Lawyer Justin Klein took them to task on his blog:
Given that Medley knew (or at least should have known) that Bellator would attempt to put a stop to any Herman bout for Shark Fights, given that he purportedly talked to his lawyer and was confident Shark would prevail on the merits of any dispute, and given that he still signed Herman to a September fight, why the sudden 180 degree change in position now? The only thing that changed from July until now is the fact that Bellator asserted a predictable claim against Shark Fights.
Stated differently, if the fact that "both sides would have had to spend money" and "[i]t wouldn’t have mattered who won" is enough to make Shark Fights back down now, why bother signing Herman in the first place given that Medley knew about the Bellator Herman litigation in July.
The show will go on without Herman. IFL veteran Devin Cole will step into Herman's shoes to face Rosa. For Shark Fights, the show must go on. For Herman, the waiting game continues as he battles Bellator in court.