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- Choose your fight wisely: A closer look at Attorney's Fees Provisions in the wake of Ken Shamrock's legal defeat
- BJ Penn talks 'Why I Fight' book, shoots on hapless reporter (Video)
- WEC 49: Josh Grispi vs LC Davis booked for June 20 in Edmonton
- UFC 115 (Vancouver) sells out in 30 minutes. You really need a UFC Fight Club membership to stay in...
- UFC 114 prelims on Spike TV with Escudero vs Lauzon and Kim vs Sadollah for May 29
- Donald Cerrone: WEC fighters are more exciting than their UFC counterparts
- BJ Penn: 'There's probably a rematch with Frankie Edgar in the works' (Video)
- UFC Quick Quote: Tito Ortiz defends his position amidst fallout from 'Fibgate'
- Arianny Celeste Maxim photos for May 2010 (Pic)
- UFC 112 medical suspensions and injuries for 'Invincible'
- Josh Barnett and Jeff Monson battle for $12k in Grapplers Quest at Tachi Palace Challenge on July 10-11
- Gilbert Melendez: 'I am a fighter' (Video)
- UFC veteran Mike Whitehead wanted by Las Vegas police on sexual assault and drug charges
- Trainer: BJ Penn was battling a sinus infection and taking antibiotics at UFC 112
- Strikeforce weigh in results, information and details for 'Nashville' on April 16
- Vitor Belfort is going to 'get the legacy back' real soon (Video)
| Posted: 13 Apr 2010 05:40 PM PDT
In addition to being a special contributor to MMAmania.com, Jeff Meyer is a California attorney and CEO of MMA Incorporated, a full-service management and marketing firm representing pro MMA fighters including Urijah Faber, Chael Sonnen, Scott Smith, and Mark Munoz. In the wake of Ken Shamrock being ordered to pay a reported $175,000 in attorney's fees to the UFC, many people have asked me about how legal fees are awarded in such cases. While I am not privy to the underlying facts and circumstances surrounding the civil action between Shamrock and the UFC, this article will explain how attorney's fees are typically awarded. Generally, there is no common law right to recover attorney's fees in a civil action. The parties to a lawsuit usually pay their own costs and expenses associated with the case. However, the law provides some exceptions to the general rule. They are: Statutory Attorney's Fees: Some state and federal statutes specifically provide that the prevailing party in certain types of actions may recover their attorney's fees. In the case of fraud, for example, most jurisdictions have statutes providing that the defrauded party may recover his attorney's fees. Contractual Agreement: The parties to a contract are free to negotiate their own terms and conditions with regard to the recovery of attorney's fees. The contract will typically state that should a legal dispute arise among the parties related to the contract, the prevailing party will be entitled to recover its reasonable attorney's fees and costs. Attorney's fees provisions are very common in business contracts. In fact, it is rare to find a business contract that does not contain an attorney's fees provision. At signing, each party knows (or should know) what to expect in the event of a legal dispute. Attorney's fees provisions often help to avoid litigation because the parties do not want to chance being ordered to pay the other side's fees. This encourages parties to work out their disputes prior to filing a lawsuit. Likewise, attorney's fees provisions often help foster settlement of pending lawsuits as one side may offer to waive its accrued fees in exchange for a final settlement. If the parties cannot settle their case prior to trial or motion for summary judgment (a trial on paper), then each side accepts the risk of having to pay the other side's attorney's fees. Like a decision in MMA, the parties have chosen to "leave it in the hands of the judges." As with every decision, someone is going to be disappointed. However, that is the risk the losing party accepted by continuing with the lawsuit. I have read criticism that an award of attorney's fees "adds insult to injury." I do not agree with this sentiment as it implies that an award of attorney's fees is unexpected by the losing party. This would be analogous to a fighter wondering why his arm is broken after refusing to tap while caught in an arm bar. In every lawsuit involving an attorney's fees provision, both sides threaten to seek their fees and costs from the outset. The threats are typically contained in every letter between the parties, the pleadings, and the various briefs. This goes on for months, if not years. Both sides are well aware of the fact that they will likely be obligated to pay the other side's fees if they lose the case. It is also inaccurate to believe that an award of attorney's fees constitutes some sort of punishment against the loser or a windfall to the prevailing party. The award represents actual expenses incurred by the prevailing party in bringing or defending the action. The award must be "proved up," meaning that the party seeking the award must provide documentation showing it actually incurred such expenses. This documentation is reviewed by the judge and the other party has the opportunity to oppose the claim. The judge makes the final determination as to the amount of the fees. In any legal dispute, the parties must seriously consider their likelihood of success before squaring off in court. When an attorney's fees provision is involved, the parties must consider the potential of paying their opponent's legal fees (in addition to their own) in the event the case does not go their way. In short, the parties must choose their fight wisely. For more information on Jeff Meyer and the services provided by MMA Incorporated, visit www.mmaincorporated.com. |
| BJ Penn talks 'Why I Fight' book, shoots on hapless reporter (Video) Posted: 13 Apr 2010 12:33 PM PDT
"Why I Fight: The Belt is Just an Accessory" in stores today. |
| WEC 49: Josh Grispi vs LC Davis booked for June 20 in Edmonton Posted: 13 Apr 2010 12:19 PM PDT
Fast-rising featherweight prospect Josh Grispi will look to continue his ascension to the top of the rankings when he battles fellow up-and-comer L.C. Davis at the upcoming WEC 49 event scheduled for June 20 at the Rexall Place in Edmonton, Alberta, Canada. Grispi (13-1) hasn't seen the inside of the cage since making quick work of fading legend Jens Pulver at WEC 41: "Brown vs. Faber 2" last June. "The Fluke" is currently riding a nine-fight winning streak and is undefeated under the WEC banner. He'll need to be at the top of his game to overcome the well-traveled wrestler, as Davis (16-2) is also perfect as a WEC fighter and has notable wins over Javier Vasquez, Diego Nunes and Bao Quach. WEC 49 will be making its Canadian debut right on the heels of UFC 115 -- which will also go down in Canada (Vancouver) on June 12. A match-up between Ed Ratcliff and Canada's own Chris Horodecki is currently the only other fight scheduled for the card. For more on WEC 49 stay dialed in to MMAmania.com and remember to check out our event archive for the latest fight card and rumors right here. |
| Posted: 13 Apr 2010 12:18 PM PDT  UFC 115 (Vancouver) sells out in 30 minutes. You really need a UFC Fight Club membership to stay in the hunt these days. |
| UFC 114 prelims on Spike TV with Escudero vs Lauzon and Kim vs Sadollah for May 29 Posted: 13 Apr 2010 11:45 AM PDT
Spike TV will once again air a portion of a UFC fight card on its network prior to a major pay-per-view (PPV) broadcast, as fight fans will be treated to one hour of uninterrupted mixed martial arts competition on the UFC 114: "Rampage vs. Evans" undercard on Saturday, May 29. Currently booked for "UFC Prelims" is a lightweight showdown between Ultimate Fighter (TUF) 8 champion Efrain "Hencho en Mexico" Escudero taking on "The Upgrade" Dan Lauzon. Following them will be a 170-pound clash of styles when another TUF alum, Amir Sadollah, tests his worth against the dangerous Dong Hyun "Stun Gun" Kim. For longevity's sake, hopefully the televised prelims for UFC 114 will outperform the televised portion of UFC 111 and the 1.2 million viewers it garnered -- an all-time low for the series since its 2009 debut. UFC 114 will run in conjunction with this year's Fan Expo at the Mandalay Bay Convention Center and feature a 205-pound grudge match between former light heavyweight champions and Ultimate Fighter (TUF) 10 coaches "Sugar" Rashad Evans and Quinton "Rampage" Jackson. Also slated for the main card will be another former light heavyweight champion and TUF coach in Forrest Griffin, who tries to quell the recent uprising of former PRIDE star Antonio Rogerio "Minotoro" Nogueira. Here is the current "Rampage vs. Evans" line up:
Remember to check us out for all the pre, during and post-fight coverage you can handle. |
| Donald Cerrone: WEC fighters are more exciting than their UFC counterparts Posted: 13 Apr 2010 10:41 AM PDT
Quoteworthy:
In anticipation of his WEC 48 rematch with lightweight champion Ben Henderson on April 24, Donald Cerrone talks about the WEC's initial foray into the pay-per-view market and the promotion's transition to more of a UFC-based model. Clearly, the "Cowboy" strongly believes that WEC guys are just as worthy of the attention that UFC fighters get. He's probably right too. WEC events often provide for great match ups with non-stop action. So what do we think? Is the WEC product unjustly overshadowed by their " big brother?" Or, does the UFC take center stage for a reason? What promotion do you enjoy watching more, Maniacs? |
| BJ Penn: 'There's probably a rematch with Frankie Edgar in the works' (Video) Posted: 13 Apr 2010 09:32 AM PDT Too soon? What about Maynard vs. Edgar? Where do you stand, Maniacs? |
| UFC Quick Quote: Tito Ortiz defends his position amidst fallout from 'Fibgate' Posted: 13 Apr 2010 09:24 AM PDT
Former UFC Light Heavyweight Champion and current (at least for now) Ultimate Fighter (TUF) 11 Coach Tito Ortiz tweets his defense to the fan and media backlash over "Fibgate." Promotion boss Dana White was caught between a rock and a hard place when news broke early of Rich Franklin's participation in both TUF 11 and the UFC 115 main event -- two spots already occupied by "The Huntington Beach Bad Boy." White tweeted that he was instead looking at Franklin vs. Couture and told the Canadian press that Ortiz was "definitely" main eventing in Vancouver. Is a little "White" lie okay to keep the suspense? Or did Dana cross the line? Thoughts? |
| Arianny Celeste Maxim photos for May 2010 (Pic) Posted: 13 Apr 2010 09:09 AM PDT
More after the jump, including our recently published video of her Maxim shoot. Check out the entire gallery at Maxim.com here.
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| UFC 112 medical suspensions and injuries for 'Invincible' Posted: 13 Apr 2010 08:51 AM PDT
Medical suspensions have been released for the fighters competing at UFC 112: "Invincible," which took place on Saturday, April 10, 2010, from the Concert Arena in Abu Dhabi and come courtesy of Fighter's Only. With several of the bouts ending early (and violently), there were a handful of fighters who were flagged follow up visits with their doctors. Chief among them is Demian Maia for the damage he sustained after Anderson Silva started breakdancing on his face. Joining him on the injured reserves is welterweight Renzo Gracie after the jiu-jitsu phenom had his leg battered into oblivion by former division champion Matt Hughes. But that's not all. Here is the complete list of UFC 112 injuries and their medical instructions:
Just a quick reminder: Fighters often return to action much quicker once doctors give them the green light. The lengthy suspensions are just a precaution in most cases. For complete UFC 112 results and blow-by-blow coverage of the main card action click here and here. |
| Posted: 13 Apr 2010 08:20 AM PDT
Former UFC and PRIDE Heavyweights Josh Barnett and Jeff Monson will try and stave off 30 other grapplers in a bid to win cash prizes that fall somewhere around the $12,000 mark. Tachi Palace Challenge will host a two day, no-Gi grappling event presented by Grapplers Quest on July 10-11 at the Tachi Palace on Jersey Avenue in Lemoore, CA. Barnett was last seen neutering Siala "Mighty Mo" Siliga at DREAM 13 on March 22 in Yokohama. After his recent drug scandal in California, "The Babayface Assassin" won tournament gold in the ultra heavyweight division among the blackbelts at the World Jiu-Jitsu No-Gi Championship 2009 in Long Beach, CA. In the tournament final, Barnett bested Ralph Gracie pupil, Bruno Paulista. Like Barnett, Monson also has a decorated grappling resume that marks him as an immediate favorite for the tournament finals. While he's competed five times as a mixed martial artist in the past 12 months, he is a two-time ADCC World Champion and multiple event winner at NAGA, Grapplers Quest and FILA, among others. Barnett and Monson met previously at Sengoku: "Second Battle," with "The Snowman" coming up short on the judges scorecards. More information and application instructions for the Tachi Palace Challenge after the jump. Date:Saturday, July 10th All Adult No-Gi, Absolute Divisions, Prelims for $10K Challenge (1st three rounds) Sunday, July 11th Venue: NOTE: This event is 18+ yrs. only, no Children's or Teen's Divisions as per Casino request Cash Prizes: 32-MAN No-G PRO LINE-UP: IMPORTANT NOTICE: This event offers Adult Divisions Only due to Casino/Venue request, so no children's or teen's divisions will be offered at this 2-Day, No-Gi and BJJ Supershow event. Competitors: Save $20 plus $10 off Tickets when you register online, go to: |
| Gilbert Melendez: 'I am a fighter' (Video) Posted: 13 Apr 2010 07:50 AM PDT |
| UFC veteran Mike Whitehead wanted by Las Vegas police on sexual assault and drug charges Posted: 13 Apr 2010 07:02 AM PDT
Mixed martial arts veteran and former UFC fighter Mike Whitehead is currently wanted by Nevada police on sexual assault and drug charges as reported on CBS Channel 8 News in Las Vegas. When police arrived at his home they discovered a marijuana growing operation, weapons and evidence associated with the sexual assault crime they were investigating. Anyone with knowledge of his whereabouts are asked to call 702.385.5555. More on this developing story in a bit. (Las Vegas residents and MMA media members Larry Pepe and Adam Hill contributed to this report) |
| Trainer: BJ Penn was battling a sinus infection and taking antibiotics at UFC 112 Posted: 13 Apr 2010 06:31 AM PDT
Props: Cage Potato Quoteworthy:
Rudy Valentino, longtime trainer for former UFC Lightweight Champion BJ Penn, discusses the medical ailments that afflicted "The Prodigy" during his UFC 112 loss to new division title holder Frankie Edgar. The Hawaiian looked tentative and sometimes lethargic throughout the five round bout and appeared to have difficulty adjusting to the speed and quickness of "The Answer." The Penn camp wants an immediate rematch but may have to wait and see how the promotion responds to Gray Maynard's request for first crack at the gold. Anyone feel like this fight would have gone any differently if Penn was healthy? Or is this just another bargain-bin excuse following an uninspiring performance? Opinions please. |
| Strikeforce weigh in results, information and details for 'Nashville' on April 16 Posted: 13 Apr 2010 06:07 AM PDT
The official weigh-in event for Strikeforce: "Nashville" is set to take place on Friday, April 16, at the Bridgestone Arena in Nashville, Tennessee. The first fighter is scheduled to tip the scale at 4 p.m. CT. As usual, MMAmania.com will provide the latest coverage of the Strikeforce weigh-ins, as well as provide a detailed recap of the festivities as soon as they conclude. The CBS televised event will mark the promotion’s first-ever trip to "Music City" and feature a 185-pound title bout featuring current Strikeforce Middleweight Champion Jake Shields taking on former PRIDE champion and UFC import Dan Henderson. Several of the promotion’s other top fighters will be in action on the card as well, including a lightweight title fight pitting Strikeforce 155-pound champion Gilbert Melendez against DREAM division title holder Shinya Aoki. Here is the current Strikeforce: "Nashville" fight card:
For those fortunate enough to be in Nashville this weekend remember that the weigh-in is FREE to attend and open to the public. Doors to the weigh-in will open around 3:00 p.m. ET for the general public. It’s going to be a fun night of fights so don’t miss it. And remember to check us out for all the pre, during and post-fight "Nashville" coverage you can handle. |
| Vitor Belfort is going to 'get the legacy back' real soon (Video) Posted: 13 Apr 2010 05:29 AM PDT
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