Pac's will have an uphill battle winning this lawsuit of his...

Discussion in 'World Boxing Forum' started by NeckBreaknAiken, Dec 30, 2009.


  1. NeckBreaknAiken

    NeckBreaknAiken Obsessed with Boxing Full Member

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    I would be very surprised if Pac wins this lawsuit. He has too much of a burden of proof.


    What many people are not realizing is that he has to prove that the statements made were actually statements of fact, as opposed to insinuation, inuendo, hints, or opinions. Someone needs to have definitively declared that Pac was on steroids.


    Then he has to prove that this statement was actually false. It's not enough to prove that the statement had no basis for truth, or that no one could prove it... He has to prove that the statements were false. Big difference.


    Then he has to prove that the person who made the statement knew that it was false. Because he is a public figure or celebrity, he has to not just prove that they should have known that they were false, he has to prove that they actually knew the false nature of the statements.


    Tough case.:good
     
  2. onedream722

    onedream722 Active Member Full Member

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    he also has to prove that these defamatory comments caused him to suffer damages which would be hard to prove as well..especially when other fighters are saying that'd fight him regardless of blood testing or not.
     
  3. Farmboxer

    Farmboxer VIP Member Full Member

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    Looks like a pretty good case to me.
     
  4. NeckBreaknAiken

    NeckBreaknAiken Obsessed with Boxing Full Member

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    Yeah, thanks. Forgot that one.
     
  5. pejevan

    pejevan inmate No. 1363917 Full Member

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    Defamation and slander cases are the easiest to prosecute because there is proving beyond doubt like a murder.

    The requirements are that staements harm the reputation of the plaintiff/defamed person and cause damages nand if the plaintiff/defamed person is a public figure (famous), the fault of the publisher must be "actual malice" (an intent to harm the plaintiff).

    Although, there is a requirement to prove that there was harm or damage to one's reputation, the law also recognize "per se" defamation where, on its face, it's clear that damage has been caused.
    • damaging statements concerning a person's professional character or standing
    It is not hard to prosecute because definitely, damage has been done on Pacquiao's reputation.

    In Mayweather's defense, he could prove that his allegations are the truth, therefore, are not libelous or slander. Personal opinions can be an excuse however, whether a statement is opinion or fact might depend upon the context of the statement, such as how the statement is perceived and understood by the community as a whole. Critical reviews by a movie columnist would probably be perceived as an opinion. A representation made by a public official about a private person might be perceived more as a fact than an opinion, which would be a ground to prosecute Malignaggi even though he stated it as his personal opinion.
     
  6. T.C.W

    T.C.W Boxing Junkie Full Member

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    man, what a waste of time, just fight
     
  7. onedream722

    onedream722 Active Member Full Member

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    it's pretty much impossible to prove that fighters aren't fighting him and allowing him to get a payday strictly because they believe he is on steroids..many other obstacles and disagreements could terminate negotiations for any proposed match.
     
  8. T.C.W

    T.C.W Boxing Junkie Full Member

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    all it is a way out of a fight, that will make him 30 million dollars
     
  9. Chibuku

    Chibuku I'm awesome Full Member

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    His defence has made blunders already.They are siting Floyd's comments to radio stations he has never given before e.g interview to Sirius Satellite Radio's The Boxing Truth Radio. During the nationally-broadcast interview, the host asked Mayweather to explain how his physical development differed from that of Pacquiao.
    Firstly Boxing truth has nothing to do with Serius,they are just an online station.2ndly the Station has denied ever interviewing Mayweather JR.This is all stupid
     
  10. GladiatoR

    GladiatoR Guest

    Pac should just fight, if he wins he's on steroids and if he loses he's an overrated hypejob.

    :lol:
     
  11. philthyphil

    philthyphil Member Full Member

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    :rofl Gladiator, you are the definition of a hater.
     
  12. GladiatoR

    GladiatoR Guest

    Meh, I'm not really fussed about either fighter. I'm hating on the fact that they won't fight each other!
     
  13. lyraus

    lyraus Member Full Member

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    The whole lawsuit is ridiculous.

    To my knowledge, the only person who has come close to directly stating Pacquiao was on anything is Floyd Sr, and even he didn't come right out and say it. So maybe Floyd can win a case against Floyd Sr., but what good is that. Floyd Sr.is probably broker than his son.

    Asking for Olympic style testing for BOTH fighters is not defamatory. DLH implying in his blog that Pacman might have been on something is closer towards it, but even then I don't think it is nearly damning enough to sue over as there were no direct accusations.
     
  14. fytelod

    fytelod Boxing Junkie Full Member

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    We'll leave all of this to Pac's lawyers and the decision by the court.
     
  15. kartog

    kartog Agent Smith Full Member

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    This lawsuit should have been filed the first time Sr made his "allegations".