Bury my MMA heart in Judge Boulware's court
As if the settlement wasn't disheartening enough...
The sudden settlement of the fighters’ class action suit against the UFC was disheartening to many fans like me who had hoped against hope for a fighter and fan-friendly outcome.
Now that Judge Boulware has declined to approve the settlement, (for reasons Zach Arnold speculated on yesterday) things might get even worse.
John S. Nash’s commentary on Boulware’s decision is worth a listen.
John explains the incipient disaster as such:
Nash: The next step is there's going to be another hearing next week. The judge has given them some time. They're going to make another presentation. They're going to try to convince him that he's mistaken, that this settlement is fair, that it's worthwhile.
And if that doesn't work, then the next step after that is they might have to change the settlement. The UFC and the plaintiffs have to get together, and make a new offer to the judge.
But what if the UFC doesn't want to offer anything more? (Then) it's very possible we go back to trial.
Steph Haynes: Do the plaintiffs want that to happen?
Nash: Well, the plaintiff's attorneys definitely don't.
Based on some of the reactions on Twitter, (some of) the attorneys, I would say they have no problem (with) fighting. But overall, the attorneys are against, a trial.
The problem is they believe in the case. They made a very strong case. The judge, he seems to believe in it.
But the problem is they have some hurdles, very difficult things to face when they go to trial. Namely, there's no injunctive relief in the trial.
So they don't have this threat. So they were worried about that. That's why they had to settle because they didn't have this cudgel to hold over the UFC.
And on top of it, They have to get all eight jurors to agree unanimously with their case under Rule 48, a federal case. You have to get a federal civil case. You have to get all eight jurors to unanimously agree.
It doesn't have to be a majority like other civil cases.
Now, you could I mean, a lot of people listen to this, a lot of people on Twitter, fans probably think that the evidence is overwhelming in favor of the fighters.
But based on interactions on Twitter and (other) forums, there's a sizable number of people that hold the opinion that if you sign the contract, that's it. You can't complain any more. You signed the contract.
If they have anybody like that on the jury, just one person, that means the fighters lose the case.
And so if that's the case, that there's a type of person that will always vote against them and they show up regularly, even if you normally get six or seven jurors (agreeing with the fighters), that means you lose all the time.
So there might be a very high percentage chance that (the Plaintiffs) cannot get all eight jurors to agree with their case. And that's a tremendous risk.
He goes on to elaborate the long odds faced by a class action suit in the current conservative judicial climate.
But then it gets worse.
As Nash explains, based on Paul Gift’s reporting from the hearing, Judge Boulware didn’t understand why the Plaintiffs settled both the Le (fighters from 2010-2016) and Johnson (fighters from 2017 - now) cases at the same time.
That’s a real headslapper because:
It’s basically the Judge’s fault that there are two classes in the first place
More importantly the UFC in the Endeavor era changed their contracts to force most fighters to waive their right to participate in class action suits.
The fighters no longer have an effective threat of injunctive relief (meaning a court ruling that would force the UFC to change their business practices) due to Boulware’s long delay in certifying the case and other rulings that took place during that time.
You’ll have to listen to Nash’s podcast to get all the legal details, but the TL;DR version is that there’s no hope of injunctive relief.
And if there’s no hope of injunctive relief and the UFC being forced to change their business practices, that means there’s no hope of MMA getting any better.
While fans are beginning to notice that the quality of UFC events is relentlessly declining no one seems to get that the potential of the sport has been permanently stunted.
With only a tiny fraction of money going to the fighters, that means the best athletes in the bigger divisions — you know the guys who could play in the NFL, NBA, win Olympic medals in Judo, Freestyle or Greco/Roman Wrestling, box at the highest ranks — won’t ever compete in the sport.
That’s it. The dream is over.
MMA will never be the marquee combat sport it seemed poised to be in the Pride or early Zuffa UFC era.
If you’re wondering why the biggest news in MMA this week is the signing of a boxing match between Mike Perry and fucking Jack Paul, this is why.
For those wondering about the possible make-up of a Las Vegas jury pool, I intensely profiled the situation last November:
https://www.themmadraw.com/p/the-one-fight-ufc-should-have-never
I felt confident in my work product last November and I feel confident that it holds true today.
With that stated, Team UFC should not get too cocky. They are their own worst enemy here. The post-settlement behavior by Endeavor has been revealing. I don't think the Roku docu-series has done them any favors, even if it's gotten a massive amount of attention.
Ari is nothing, if not legally savvy. He must've made sure that those contracts are iron-clad.
In the NFL's past - Dave Meggesy sued to force collective bargaining rights, when his protest against the Vietnam War, resulted in him being "blackballed", by all the owners and teams in the league.
It sounds like a "Fighters' Union" is what's needed here - to keep Management honest and accountable, and the fighters well compensated. I mean - the 'Bonuses' offered by the UFC to the fighters (for exemplary performances) - haven't even kept up with inflation, or the cost of living. $50k in 2007 or 8 is worth how much now, based upon Purchasing Power Parity? $75k? $100k? Hearing a fighter call out dana during the last "Fight Night" show, for a $100k bonus - really got me to thinking...