Showtime and HBO Among Those Hit With Lawsuit Over Pacquiao Injury
Showtime and HBO Among Those Hit With Lawsuit Over Pacquiao Injury
3 minute read
Manny Pacquiao during press conference after the title unification fight vs Floyd Mayweather in Las Vegas on May 2, 2015.Robert Beck—Sports Illustrated/Getty Images
Manny Pacquiao’s failure to check a box that he was injured is creating a rain of class action litigation. Five lawsuits have already been filed. Perhaps the most unusual one comes in Illinois where the plaintiffs are not only suing Pacquiao’s promoter Top Rank and his adversary Floyd Mayweather, but also Showtime, HBO, AT&T, Comcast and DirecTV.
A judge will have to decide whether the plaintiffs really have standing to sue on allegations that Pacquiao’s shoulder injury was concealed, but in the meantime, those who paid between $89 to $100 to watch the fight on pay-per-view are now alleging their own injuries. The lawsuit seeks $300 million in damages over an event labeled as “Fight of the Century” with no disclosure about Pacquiao’s injury.
See the Top 10 Boxing Matches of All Time
Muhammad Ali vs. Joe Frazier, Oct. 1, 1975 As close to death as he'd ever been. And that's how the winner described it. Little wonder that the "Thrilla in Manila" (aka Muhammad Ali vs. Joe Frazier III), tops TIME's list of greatest ever fights. The pair entered the decisive third heavyweight fight at 1-1 and the searing Philippine heat made conditions as close to hell as was possible. From the start there was nothing humane about the way the pair went at each other. You feel that had it not been for the 15-round limit and, ultimately, Frazier's trainer Eddie Futch throwing in the towel at the end of the 14th, they would still be boxing today. "I want him, boss," screamed Frazier. Futch simply replied, "It's all over. No one will forget what you did here today." As for Ali, in typically modest fashion, he described his opponent as, "the greatest fighter of all time, next to me."Rolls Press/Popperfoto/Getty ImagesJack Dempsey vs. Luis Angel Firpo, Sept. 14, 1923 Short and sweet. That's how you'd have to describe heavyweight champ Jack Dempsey's defense of his title against Luis Angel Firpo, the "Wild Bull" of the Pampas, before 80,000 people at the Polo Grounds in New York. Dempsey floored Firpo seven times, with Firpo knocking Dempsey clean out of the ring — and that was just the first round (there was no three knockdown rules back then. Indeed, Dempsey was allowed to stand over the fallen fighter and immediately knock Firpo down again, as there wasn't a rule about going to a neutral corner either). Conspiracy theorists believe that Firpo was denied a valid victory in the first round as Dempsey was helped back into the ring by the writers at ringside and the referee was accused of counting incredibly slowly. Nevertheless, after 11 total knockdowns between the pair, Dempsey won by KO in the second. The fight was also important from a historical perspective because it was the first time that a Latin American boxer would fight for the world heavyweight title.APSugar Ray Leonard, Sept. 16, 1981 This early 80s showdown at Caesars Palace in Las Vegas — billed as "The Showdown" — between WBC welterweight champ "Sugar" Ray Leonard and the hitherto undefeated Thomas "Hitman" Hearns, owner of the WBA crown, was a fight of beauty, full of an ebb and flow throughout. They were fighting to unify the World Welterweight Championship and the stakes couldn't have been higher. First Hearns, then Leonard and then Hearns again held the lead. Between rounds 12 and 13, Leonard's trainer, the legendary Angelo Dundee, exclaimed "You're blowing it, son! You're blowing it!" Leonard simply exploded in the 13th, knocking Hearns through the ropes. He didn't relent and finished him off in the 14th with a furious flurry of punches that forced referee Davey Pearl to call a halt to proceedings. Even worse for Hearns was that he was actually leading on all the judges' scorecards up to that point.Dirck Halstead—Getty ImagesMicky Ward vs. Arturo Gatti, May 18, 2002 This pair put fans through the ringer three times, but their first fight will be seen as their fiercest. Both withstood almost non-stop punishment through 10 rounds of grueling action. Ward, who dropped Gatti in the ninth round with a savage left hook to the body, won the fight by majority decision. That ninth round was called "The Round of the Century" by Emanuel Steward, who co-hosted the fight on HBO. Ring Magazine named the fight the best of the year with boxing fans and writers going one (hyperbolic) step further, hailing it as the fight of the century. Wherever you stood on this, you undeniably wanted more. And fans got it, with Gatti winning two subsequent rematches. Ward announced his retirement before their third fight and will be portrayed by Mark Wahlberg in the film 'The Fighter'. Gatti tragically died in 2009.Steve Miller—APJoe Louis vs. Billy Conn, June 18, 1941 Legendary heavyweight champion Louis took on the Pittsburgh Kid Conn at the Polo Grounds. Giving away at least 25 pounds, Conn was the heavy (or should that be light?) underdog but proceeded to outbox Louis. Boxing historian Bert Sugar wrote that, "Conn could block punches with his arms, elbows and gloves, and further nullify his opponents' punches by 'rolling' with them." By the eighth round, dehydration had set in on Louis and by the 12th he was completely exhausted with Conn ahead on two of the scorecards (Louis later admitted in his autobiography that he rested up toward the end of his training schedule because "I didn't want them to say in the papers that I beat up on some little guy"). Conn got cocky in the 13th and tried to finish Louis off; but by going for the KO, he exposed his impressive defense, was caught by his opponent and was counted out with two seconds left in the round. Let that serve as a lesson to underdogs everywhere.Joseph Costa—New York Daily News Archive/Getty ImagesDiego Corrales vs. Jose Luis Castillo, May 7, 2005 They may not have been household names but with the WBC lightweight title at stake, Diego Corrales and Jose Luis Castillo wowed every house which watched this classic. The pace was simply unrelenting with both fighters landing and receiving repeated blows over nine nasty rounds. The fight ended in memorable fashion in the 10th when Corrales, after being floored twice, rose and landed a devastating series of shots that left Castillo draped helpless on the ropes. But this devastating denouement would not be without controversy: upon getting up for the second time, Corrales spat out his gumshield, thus benefitting from an unofficial 30 second timeout, whereby he literally regained his senses. The pair fought against each other again with Castillo easily gaining revenge. But the decisive final fight, inevitably dubbed "The War to Settle the Score", was canceled due to Castillo weighing too much.Eric Jamison—APMarvin Hagler vs. Thomas Hearns, April 15, 1985 Arguably the greatest opening round in boxing history, the savage pace set by "Marvellous" Marvin and the "Hitman" at Caesars Palace is still discussed to this day. At the time, sportscaster Barry Tompkins, calling the fight for HBO, yelled out "This is still only the first round!" Of course they couldn't keep it up and the aptly named "War" came to a swift end after, in the words of Ring Magazine, the "most electrifying eight minutes ever" as Hagler scored a third-round KO. The enduring image of a blood soaked Hagler being carried around the ring in victory with Hearns being taken back to his corner in a state of semi-consciousness serves to remind us what a brutal sport this can be.APErik Morales vs. Marco Antonio Barrera I, Feb. 19, 2000 Mexicans beam with pride when recalling their countrymen's epic effort back at the turn of the century. Ring Magazine's fight of 2000 was fully justified as the slender boxers belied their small stature to deliver a heavyweight performance which didn't relent (the fifth round has to be seen to be believed) and resulted in Morales winning by a split decision. But considering that Barrera had the only knockdown of the fight, many complained at the outcome which — quelle surprise — led to a rematch (won by Barrera via a unanimous outcome). Cue the third fight (this time at Super Featherweight) where Barrera was declared the winner by a majority decision.Jed Jacobsohn—Getty ImagesJulio Cesar Chavez vs. Meldrick Taylor, March 17, 1990 Endings don't get much more dramatic than this. Expectations were high for the bout nicknamed "Thunder Meets Lightning", referring to Chavez's punching power and Taylor's speed. And while the fight definitely delivered, it enters folklore for the nature of the sudden, dramatic, and controversial ending that continues to be debated to this day. Taylor steadily built a commanding lead on points thanks to easily evading his opponent and outpunching him by a margin of 5-1. But when Chavez did manage to connect, his punches did considerable damage as a result of being the heavier man.
Going into the 12th, Taylor was ahead on all three scorecards (and by a big margin on two of them) but for some reason, Taylor's trainer Lou Duva told his man that he needed to win the final round. Bad move: Taylor was so tired that he fell to the canvas just by failing to land a wild left hand. The final minute was all Chavez and he dropped Taylor with seconds remaining. Taylor got to his feet and was asked by referee Richard Steel if he was able to continue. By not answering (though some say Taylor gave a slight nod), Steele concluded he was unfit to carry on and stopped the fight, scoring a TKO victory for Chavez with only two seconds to go. No wonder his 2009 autobiography was called Two Seconds From Glory.Ken Levine—Getty ImagesChris Eubank vs. Nigel Benn I, Nov. 18, 1990 These two British boxers reached the peak of their careers around the same time. Naturally, fight fans demanded a match-up. The drama kicked in before a single punch had even been thrown: As Eubank walked out to the sound of Tina Turner's "Simply the Best", the song suddenly stopped. It's alleged that Benn's entourage sabotaged the music (to his credit, Eubank was nonplussed and still managed to perform his trademark cocky vault into the ring). Benn, ominously known as the Dark Destroyer, looked furious.
As for the fight itself, it went back and forth as both men gave their all (commentator Jim McDonald screamed at one point, "Jesus, look at that right hand!"). But it was Eubank who took the World Middleweight title when the fight was stopped in the ninth after Benn was subjected to a barrage of blows in the corner despite the fact that he'd floored Eubank earlier that same round. The two fought out a draw a few years later. Despite the build-up, that match couldn't live up to their first meeting which was, indeed, simply the best.Chris Smith—Popperfoto/Getty Images
According to the lawsuit, “If any of Defendants, between April 4, 2015 and May 2, 2015, had disclosed that Pacquiao, the underdog, had injured his right shoulder, or had suffered a torn right rotator cuff during training, or had been recommended to rest for 30 to 40 days beginning on and around April 6, 2015, or that his right arm was at an estimated 60% of full functioning, they would not have realized the number of pay-per-view purchases they were anticipating.”
Exactly what legal obligations do broadcast outlets with sports telecast rights have in advance of an event?
The lawsuit filed by attorneys Robert Duncan and Thomas Cronin makes the uphill case that those obligations are extensive.
HBO and Showtime are alleged to have committed negligent misrepresentation by failing “to determine and disclose, though it knew or should have known, that Pacquiao had injured his right shoulder” or by continuing to promote the fight as “The Fight of the Century” “even though it knew that Pacquiao was injured and likely unable to compete with boxer Mayweather.”
Showtime had no comment while Daniel Petrocelli, an attorney for Top Rank, has put out a statement, “The lawsuits are factually wrong and legally wrong, and we expect they will be dismissed in due course.”
Meanwhile, there’s still other class action lawyers who are swinging their fists in a different direction.
One lawsuit in Missouri targets Charter Communications over a cable outage that prevented customers in the St. Louis area from watching the fight. According to that lawsuit, these individuals “were outraged by their inability to watch the fight that they had paid for.”
