A federal judge has dismissed the tort claim of a former NBA player against Pensack Sports, a digital media company that also represents athletes.
Specifically, Noah Vonleh alleged Pensack and associated agents engaged in misconduct, fraud, and even forged contracts connected with his time with the Shanghai Sharks in China. He argued that undisclosed agreements diverted money, and that Pensack improperly benefited from these arrangements without his consent.
Vonleh also blasted Pensack on social media, accusing the agency of failing to properly represent him, reneging on money he believed he was owed, and engaging in harassment and defamation as a response to his criticisms.
However, a district judge from the Central District of California ruled otherwise, finding that Vonleh’s claims were barred under the doctrine of claim preclusion after the Swiss-based Basketball Arbitral Tribunal (BAT) previously found that Vonleh owed agent fees to Pensack Sports. After attorneys for Pensack Sports secured a favorable judgment in Georgia that confirmed the BAT arbitration award, Vonleh brought a new lawsuit in California state court asserting tort claims against Pensack Sports and other defendants.
Pensack Sports removed the case to federal court under an international treaty governing the enforcement of foreign arbitration awards, and filed a pre-answer motion to dismiss Vonleh’s claims. In response, Vonleh moved to remand the case back to state court and opposed the motion to dismiss. The District Court denied Vonleh’s motion to remand and dismissed all claims brought against Pensack Sports.
Pensack Sports’ legal team was led by Mitch Schuster, Partner and Chair of the Commercial Litigation Department, and Litigation Partner Eugene Meyers, all of Meister Seelig & Fein. They were assisted by Associate Ben Bistricer, as well as Mark Chassman serving as local counsel in California.
