UFC class action suit transferred to Nevada
In January, ZUFFA filed for a change of venue from Northern District of California in San Jose to Nevada and yesterday the courts granted it.
In December Jon Fitch, Cung Le, and Nate Quarry were named as plaintiffs in a class-action suit against the UFC, alleging that the promotion held a monopoly position in the sport. Further suits were filed with different plaintiffs, but all were filed in Northern California, where juries and judges are more sympathetic toward class action suits than, say, Nevada.
In January, ZUFFA filed for a change of venue from Northern District of California in San Jose to Nevada.
Nevada has by far the strongest connection to the allegations in the complaint,” said the UFC in a statement. “Zuffa is headquartered in Las Vegas. The UFC employees who may be witnesses live and work in Las Vegas, and many fighters and other potential witnesses are also in Las Vegas. More UFC events take place in Las Vegas than in any other city and the plaintiffs all agreed to litigate disputes with UFC in Nevada. We believe that it is both fair and logical that the suits be heard in Nevada.”
Now British Columbia litigation lawyer, combat sports law consultant, and deeply appreciated UGer Erik Magraken reports that ZUFFA was granted the motion.
I have obtained a copy of Judge Davila’s full reasons granting Zuffa’s motion to transfer the Anti-Trust lawsuits to Nevada and these can be found here – Judge Davila Reasons Granting Zuffa Motion to Transfer
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John Nash of BloodyElbow.com, who has provided second to none coverage of the Anti Trust Class Action lawsuit against the UFC reports that the cases have been ordered to be transferred to Nevada.
Nash tweets as follows:
John S. Nash @heynottheface
•Class action transferred to Vegas.
•Zuffa wins their motion to transfer. Judge sends the class action antitrust suit to Nevada to be heard.
•For all you celebrating or mourning the motion to transfer: it isn’t that big of deal people.
•Nevada being considered more biz friendly definitely helps the defense but being in either venue didn’t guarantee a result either way
•What really hurts the plaintiffs with move is they’re going to need a local firm. What major firms in Vegas deosn’t work with the Fertittas?
Jon Fitch, one of the lead plaintiffs in the lawsuit, has also tweeted as follows:
Jon Fitch @jonfitchdotnet
“So we go to hell to fight the devil in his hometown. It’ll make for a better victory.”
Said someone awesome. Off to War!!!
The next step in the lawsuit will be for the Court to consider Zuffa’s request to delay the discovery obligations pending the outcome of Zuffa’s motion to dismiss the lawsuit. The motion to dismiss was scheduled to be heard on July 23 but this timetable has been vacated due to today’s venue change order.
Nevada has a more business friendly reputation than Northern California where the lawsuits were launched which generally has a more plaintiff friendly reputation. It should be noted that this is a victory for Zuffa but it is simply one of the many battles in the war of class action litigation where only the end game ultimately matters.