By Allyson Quinney
On January 10, 2017, mixed martial arts (MMA) fighter, Mark Hunt filed a lawsuit against ZUFFA, Ultimate Fighting Championship (UFC), Brock Lesner, and Dana White in United States District Court. The heavyweight fighter alleges that the defendants are responsible for his ongoing physical injuries, damage to his reputation, lost opportunity for earning potential, and for lost opportunity to fight in fair bouts, which allegedly resulted from the UFC 200 fight between Hunt and Lesnar on July 9, 2016. As such, Hunt is suing the defendants on the basis of personal knowledge, his council’s investigation, and public records. Hunt is seeking compensatory damages, declaratory relief, punitive damages, statutory treble damages, and attorney’s fees, cost of suit, interest on all sums from dates, and for an order that requires the defendants to disclose the profits from UFC 200.
The United States Anti-Doping Agreement (USADA), an organization hired by the UFC to implement drug tests, the UFC Anti-Doping Agreement, as well as the Nevada State Athletic Commission (NSAC), prohibit the use of unapproved alcohol or drugs. In addition, as of July 9, 2016, the UFC Anti-Doping Policy states that a retired fighter cannot compete until the fighter sends a written notice to the UFC, and makes him or herself available for USADA testing 4 months prior to a bout. Lesnar is a previously retired UFC fighter with a track record of doping. Additionally, Lesnar was currently in contract with the World Wrestling Entertainment (WWE) at the time of UFC 200. However, the UFC exempt Lesnar from USADA testing before his fight against Hunt.
Hunt is suing the defendants on eight causes of action. First, Hunt alleges that the UFC, Lesnar, and White violated the Racketeer Influences and Corrupt Organizations Act (RICO) in the events leading up to and following UFC 200. Hunt alleges that the defendants have previously and continue to wrongfully benefit from fights in which one competitor has taken steroids and one who has not. Moreover, Hunt alleges that the defendants communicated by telephone and email to engage in such conduct, which violates the Wire Fraud Act. In addition, Hunt alleges that the UFC has a pattern of exempting steroid-enhanced fighters from drug testing, which suggests that such conduct could be repeated.
The second cause of action is conspiracy to commit crime related to racketeering. Hunt alleges that the UFC, Lesnar, and White committed, attempted to commit, or conspired to take property. Hunt also alleges that the defendants committed, attempted to commit, or conspired to obtain money through false pretenses and fraud. Finally, Hunt alleges that he did not consent to fighting a steroid-enhanced fighter. As a result, the Hunt alleges that the defendants committed, attempted to commit, or conspired to commit battery.
The third cause of action is fraud. According to Hunt, the UFC, Lesnar, and White knowingly engaged in fraud through false representations, which Hunt took at face value. Following the alleged fraud, Hunt seeks exemplary and punitive damages in an amount that will discourage the defendants from engaging in such conducts in the future. The fourth cause of action is false pretenses. Hunt alleges that the UFC and Lesnar obtained Hunt’s labor, services, and payment through false pretenses. The fourth cause of action echoes Hunt’s requests for punitive and exemplary damages in the third cause of action.
Hunt alleges that the UFC breached contract in the events leading up to and following UFC 200. Hunt provided copies of both the Promotional and Ancillary Right Agreement (PARA) and the UFC 200 Bout Agreement as evidence for his claims that he entered a valid contract with the UFC. However, according to Hunt, the UFC breached the UFC 200 Bout Agreement by way of the conduct that is included in, but not limited to, the alleged offenses outlined in count 1. As a result, Hunt alleges that he was damaged by the UFC’s breach of contract.
In addition, Hunt alleges that the UFC breached the covenant of good faith and fair dealing through its actions and omissions. According to Hunt, the UFC compromised the benefits he was entitled to under the contract by manipulating the bout. He alleges that the UFC’s past and continued failures to match him up with clean fighters are evidence to the UFC’s breach of covenant of good faith and fair dealing. The UFC’s actions and omissions violate Hunt’s expectations of fair bouts.
The UFC’s alleged breach of covenant of good faith and fair dealing is followed by the seventh cause of action: Negligence. According to Hunt, the UFC owed him a duty of care as consistent with the industry standards, the PARA contract and regulations implemented by the State of Nevada, the state in which the UFC is headquartered. According to Hunt, the league’s failure to perform such duties is the direct cause of his injuries and other damages.
The final cause of action is unjust enrichment. Hunt alleges that the UFC, Lesnar, and White have unjustly benefitted from bouts including but not limited to the co-main event fight at UFC 200. Moreover, Hunt alleges that these benefits were obtained at his expense. According to Hunt, the benefits that the defendants obtained as a result of the misconduct outlined in this complaint were acquired unjustly. Due to the UFC, Lesnar, and White’s alleged unjust enrichment at the expense of Hunt, the fighter asks for Lesnar to surrender his fight purse and pay-per-view earnings to Hunt, and for the UFC to relinquish an appropriate amount of the profits obtained from UFC 200.
Accordingly, Hunt seeks remedies from the court judgment. Hunt asks for compensatory damages, as well as treble damages. In addition, as an attempt to deter the defendants from participating in such conduct in the future, Hunt calls for sufficient punitive damages. Next, the plaintiff asks the court to order the defendants to surrender the profits they obtained through the alleged conduct. Finally, Hunt requests for reimbursement for attorney’s fees, costs of suit, interest on all sums from dates, as well as other compensation the deemed just by the court.
In a bizarre twist, as of February 23, 2017, Hunt is scheduled to fight another fighter with a history of positive drug tests, Alistair Overeem. The UFC is due to respond to the complaint on or before February 28, 2017. Lesnar has been removed from the UFC’s roster, and there are reports that he is retiring from MMA.
Ally Quinney is a doctoral student of Sport Management at Florida State University.
