Texas Court Grants Zuffa LLC Motion Randy Couture

 Las Vegas, NV -- Zuffa, LLC, the parent company





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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.”



The successful appeal to the Texas Court of Appeals was achieved by Mr. Barry F. McNeil, Esq. and his partners at the Texas law firm Haynes Boone, LLP.



-from ufc.com

ttt

Where is Matt Lindland when you need him?! Free Randy from that "illegal" contract so we can watch him fight Fedor.

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
 

flaccid

 Agreed!

uh oh

The decision truly doesn't have anything to do with the merits of the case, it simply means that the issues involved will be resolved in Nevada rather than Texas. There is no way that any court will possibly uphold Zuffa's position that Randy's contract exists in perpetuity.

On a side note, in the 5 plus years since I have been out of law school, Zuffa's attorney Don Campbell is hands down the most arrogant fucking attorney that I have ever seen. The guy reeks of entitlement and self importance. That said, he is a top notch attorney.

If Randy received any sort of a signing bonus, than obviously some portion on that money will have to be returned, but as any 1st year law student knows, employment contracts in perpetuity are prohibited on public policy grounds for a plethora of reasons.

When time permits, I will go on blackstone (a program used in Nevada that provides access to court filings) and see if a copy of the contract is included as an attachment to any of the filing in this case.

Macedawgg - 
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

 




Mace, what are your thoughts??? Do you agree with the Court of Appeal's stance?

Cindy

 I don't have full knowledge obviously, but from what I know of arbitration law, developed over decades, the court of appeals ruled correctly. 



A contrary decision poses the danger of rendering arbitration clauses meaningless.  You can't litigate yourself, so set up a third party entity to file suit on your behalf seeking a declaratory ruling in court.  If this was permissible, arbitration clauses would be rendered largely meaningless, should one truly want to avoid arbitration.  

 Randy should bring in Bruce Cutler.

 I wonder why HDNet's declaratory action didn't seek a determination on the Ali Act's applicability to mixed martial arts.  This would appear to be a much stronger argument in asserting the necessity of a judicial determination. 

Cuban did not seek relief under the Ali act???? Whaaa? Preposterous! This demands its own thread.

Zuffa is claiming he owes them 2 more fights, the perpetual champion's clause is irrelevant to this issue.

They're claiming he can't just resign from the last 2 fights and fight somewhere else.

He's fucked IMO, you can tell he's already softening his language about hoping to negotiate with them again and now all of a sudden being willing to fight Fedor in the UFC if they can put it together.

Oh, and LOL at "flaccid"

HardyJenns - 

Zuffa is claiming he owes them 2 more fights, the perpetual champion's clause is irrelevant to this issue.



 


 This I don't agree with.  I don't agree that it is irrelevant at all, especially in light of the fact that this contract was presented, and presumably signed as a condition to getting his first fight, itself a title match, upon return from retirement. 

 ^^^ LOL!



Cindy

 I don't get it

ttt