Class Action Suits

by Joseph G. Lariosa

CHICAGO (JGL) – In team sports as in basketball or in football, if the ball captain or the quarterback is injured, another player or backup quarterback can always step up and the game continues.

But in individual sport like boxing or cycling, if a boxer or a cyclist suffers severe cramps (pulikat), the boxer can ask the referee to stop the fight or the cyclist can ask the organizer for a time out.

In the case of Filipino boxing great Manny Pacquiao, weeks before the biggest fight of his life, he injured his right shoulder.  Instead of under going a magnetic resonance imaging (MRI) examination to find out the extent of his injury, he continued with his workout without notifying the Nevada Boxing Commission. The Boxing Commission can also order health examination for Manny and decide whether to postpone the fight or go on with it.

As it turned out, Manny aggravated the injured condition of his right shoulder. This could have led to the tearing of his right rotator cuff that prevented him from being aggressive in attacking Floyd Mayweather. This was evident during the fourth round which could be considered Manny’s best of the 12-round bout when he had Mayweather on the ropes.

I have yet to hear a comment from Manny’s cutman if he got wind of Manny’s shoulder injury. If he was not around during sparring sessions when Manny sustained a shoulder injury, he should have been made aware of Manny’s condition. The cutman could have given a preliminary recommendation to have Manny undergo MRI.

If the cutman knew about Manny’s shoulder injury and did not recommend a physical examination by a sports doctor, Manny has all the reason to fire his good-for-nothing cutman.

WHERE IS THE CUTMAN?

If the cutman was not around because Manny did not part with him 1 to 3 percent of his prize money, it is all Manny’s fault. He listened to his trainer, adviser or promoter to go on with the fight hoping that his injury will heal by fight time.

Manny cannot blame Mayweather either if Mayweather plants a “mole” or spy in Manny’s Team Pacquiao camp. He should remember that when one is at war, everything is fair, including the application of Sun Tzu’s Art of War which is to know yourself and your enemy to win a war.

When Mayweather Promotions’ CEO Leonard Ellerbee told Yahoo’s Kevin Iole before the fight that “(Manny’s trainer) Freddie Roach thinks he runs a tight camp, but I know everything that’s happening there,” I don’t see anything wrong with Ellerbee’s  statement.

If “Mayweather’s camp was so aware of details from the camp of Manny that they even knew the days when he (Manny) changed morning running routine,”  then Mayweather was on the money in applying Sun Tzu’s employment of “intelligence and espionage”.

Manny should have paid big money to some of Mayweather’s trusted aides if he wanted to gather good information about Mayweather’s condition during his training period.

My only problem with Mayweather is that if he knew of Manny’s shoulder injury, he should have advised Manny to consult a sports doctor.

If he did not do it, should Mayweather take pride in beating a one-armed opponent on the night when all the people in the world were watching?

MANNY RE-INJURED HIS TORN ROTATOR CUFF DURING THE FIGHT

As it is, I firmly believe that since it was proven by medical tests that Manny really had a torn rotator cuff before the fight and re-injured it in the fourth round, when boxing history is written, the 48-0 record of Mayweather beating Manny (57-6-2, 38 KOs) by unanimous decision should have a question mark or an asterisk. This is because when Mayweather fought Manny, Mayweather was in top shape while Manny was nursing a severe injury.

By keeping silent about Manny’s injured condition, Mayweather validated the class action lawsuit filed by a pay-per-view viewer (Plaintiff Ryla Bouchier) of the “Fight of the Century” that Mayweather, Manny and the promoters conspired in hyping up the fight but concealed Manny’s health condition before the fight so they could amass millions of dollars of profit that they would not earn if Manny’s injured condition were disclosed earlier.

If Mayweather, Manny and their promoters would not own up their mistakes for conspiring in silence and would not return the money earned from the public because of their alleged fraud and deception, even if they hire the best lawyers in the world, they will only end up unjustly enriching their lawyers and leaving them destitute of credibility if the various United States district courts find for the plaintiffs of 32 class actions suits, and still counting, including their alleged violations of 18 U.S.C. Section 1961, The Organized Crime Control Act of 1970, Racketeer Influenced and Corrupt Organizations (RICO), in a class suit seeking excess of “the sum or value of $500,000,000, exclusive of interest and costs.”

Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of “racketeering activity.”

If they forfeit all their ill-gotten gains and pay $25,000 for each count of their violation for racketeering, how can Manny and Mayweather ever have a rematch if they are jailed for 20 years for each racketeering count? I rest my case.

(lariosa_jos@sbcglobal.net)

 

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