Mixed Martial Arts Law Blog : Mixed Martial Arts Lawyer & Attorney : David Nelmark : Belin Lamson McCormick Zumbach Flynn Law Firm : Intellectual Property, Media Law : Des Moines, Iowa

Normally I resist the temptation to post non-legal MMA news, but I can't pass this one up. The fighters for the upcoming season of The Ultimate Fighter television show have been announced and TJ "The Spider" O'Brien is one of the 28 participants.

Getting on the reality show that many credit with saving MMA and having a shot at a contract with the UFC and international fame doesn't quite live up to the honor of having your photo at the top of MixedMartialArtsLawBlog but congratulations are still in order.

Video of the cast is available here.  The 12th season of The Ultimate Fighter premieres on Spike TV on September 15, 2010.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The family of fallen fighter Michael Kirkham provided a statement published on MidwestFightersFocus.com. Notably, the family does not want Kirkham's death to become a rallying cry for opponents of the legalization/regulation of mixed martial arts, stating:

We also hope that this does not become an argument for trying to ban the sport that Michael so dearly loved! He would not want his name to be used for that purpose!!

As posted earlier, donations are being taken for the family and MixedMartialArtsLawBlog is contributing to the cause.  If you are a fan of MMA and, in particular, if you have had the privilege of watching it in person, please do your part to support the family of someone who also loved the sport and laid down his life chasing after his dream. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Although few additional facts have come to light about the precise cause of death of Michael Kirkham, articles have shed some light on the financial burdens his family will face after his passing.  As reported by MMAJunkie.com, Kirkham had five children and did not carry any life insurance.  

The trainer of Kirkham's opponent in the tragic June 26 bout is helping promote a memorial fund to cover funeral expenses and put some money in trust for Kirkham's children.   The website where you can donate directly is http://michaelkirkhammemorialfund.viviti.com.  

Additionally, for every new, verified email subscriber in the month of July, MixedMartialArtsLawBlog.com will donate $5 to the fund (up to $500 total).  Just add your email address using the field in the leftside title bar of the website and then respond to the verification email. The whole process takes less than two minutes.  (MMALB is available to RSS Feed subscribers too, but I can't track those, so this fundraising effort has to be email based only.)

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It is a sad week for the MMA community as it mourns the loss of one of its own.  30-year-old Michael Kirkham died on Monday June 28, following his mixed martial arts pro debut two days earlier in Aiken County, South Carolina. 

Kirkham's death has resulted in national coverage, including this editorial from the Aiken Standard newspaper hauls out the tired old references to cockfighting and offers the ill-informed opinion that MMA is "little more than bar fights in the enclosure of a cage."  While Kirkham's death is certainly a tragedy, such commentary condemning the entire sport overlooks a number of key facts.

First and foremost, regardless of what one thinks about mixed martial arts, any comparisons to cockfighting or dogfighting are completely off base as those activities do not involve willing participants.  Kirkham was in his first pro fight, but he did know what he was getting into as he had participated in six previous amateur bouts. 

Additionally, although Kirkham lost consciousness following the fight, autopsy results are not yet available.  While the fight triggered the death, it is unclear whether Kirkham had any underlying medical conditions that made fighting unsafe. 

Further, even if participation in MMA was the sole cause of death in this instance, many sports have some risks of serious physical injury.  As explained in this article by Kevin Iole, in the 15 years since the UFC debuted in the United States, there have been 63 deaths in high school football alone.  In the U.S. in that same time period there have been only two mixed martial arts related deaths: Kirkham and Sam Vasquez, who died in 2007.

Most states where MMA is legal have important regulations in place to promote fighter safety.  Sadly, the precautions imposed by the South Carolina Athletic Commission did not prevent tragedy in this instance, but pre-fight medical testing is surely beneficial.  In fact, one mixed martial artist credits pre-fight testing with possibly saving his life by detecting a condition that could have been life threatening even outside the cage. 

Setting aside the debate as to whether the risks of MMA are acceptable, there is no question that the risks are very real.  Fighters should make sure they have the proper legal documents in place to address what happens if they are seriously injured in a bout.   Promoters should make sure that their contracts adequately explain the risks of the sport to reduce the promoter's own risks of liability and, more importantly, to make sure that fighters are making informed decisions about their participation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Jim Genia, who had my favorite MMA quote of 2009, is now a contributor to CagePotato.com.   I thought MMALB readers might be interested in his latest piece: The Ten Most Notorious Lawsuits in MMA History.  It's a good list, but I think it's incomplete without a reference to DMX.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As 2009 comes to a close, I wanted to provide updates on a few of the year's MMALB columns.

Rapper DMX  Pulls Out of MMA Fight.   According to this statement released by the promoter, the entire event had to be canceled because "[w]hen [DMX] decided to back out of the event due to our refusal to fix his fight, it left Thunder Promotions LLC with little time to promote an event with a replacement headliner."   According to other sources only a few hundred tickets had been sold.

While there is a tremendous amount of comedic value in writing about an MMA event where DMX is deemed a "headliner," the cancellation does have sad consequences for the other fighters on the card, especially Iowa's own Travis Fulton (who has 192 MMA wins on his record). Fulton was looking to reinvent himself and make it to the big show.  Instead, according to his manager, Chad Bergmeier, all Fulton got after arriving in Alabama was a redeye flight back home.  To date, the promoters still have not come through with Fulton's paycheck.

MMA Organizations Battle Piracy -  The Square Ring v. UStream lawsuit has gotten bogged down, but UFC co-owner Lorenzo Fertitta recently testified before the House Judiciary Committee (along with executives from Major League Baseball) about the importance of cracking down on online piracy.  I think it's a watershed event when an MMA bigwig gets to go to Washington to speak alongside a Big Three (NFL, NBA, and MLB) representative.     

This related Cagewriter article is interesting.  It covers the testimony and also provides an example of why if you are planning to tell people how to steal a pay per view broadcast you should not first send an email to event promoters. 

Jon "Bones" Jones's Appeal to the NSAC is Denied.  MMAJunkie provides a full recap.  While I am not surprised at the denial, I am still waiting for someone to comment and resolve the discrepancy between the referee only deducting a single point, but then calling Jones's downward elbows an intentional foul.

And, most importantly, Kimo is still alive!

I leave you with one of my favorite MMA quotes of the year.  It's not law-related, but it is nonetheless worth sharing, and it comes from MMA Journalist Jim Genia:

BJ Penn is without a doubt some kind of fighting deity, but I definitely think Gray Maynard, Frankie Edgar and Jim Miller can beat him. However, they have to coordinate it so they all attacking him at once, i.e., Maynard comes in low, Edgar comes in high and Miller blasts him with a shotgun. Otherwise, they're doomed.

Happy New Year, MMALB readers!

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There is a common misconception that most states had banned mixed martial arts until Zuffa bought the UFC and got the Nevada State Athletic Commission to sanction it.  (Note: the linked article is just a retrospective illustrating the purchase; its author, Todd Martin, has no such misconception.)  In fact, most states' athletic commissions simply had not issued rules to oversee the sport.  A notable exception is New York, which did actually ban professional MMA in 1997.  (New York, like Iowa, continues to allow amateur MMA with a "hands off" approach.)

Because the UFC will not put on shows where they are not under the auspices of an athletic commission that particular organization is, in effect, still banned in a few states where MMA is legal, but not regulated.  These states include Massachusetts, although momentum is turning in the Bay State.  Other promoters have no such policy, and sometimes go to states like Alabama (which had no commission until May 7, 2009) to promote fights that had been rejected by other states' athletic commissions.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In January, Jeff "The Snowman" Monson was ordered to surrender his passport during a court appearance related to his spray painting of an anarchist symbol on the Washington State Capitol building. 

Free advice (though not "specific legal advice," see disclaimer) to all aspiring fighters out there: If you are going to break the law, do not do so while being accompanied by a photographer for a national magazine.

UPDATE:   On July 28, 2009, Monson agreed to a plea bargain, where he may serve up to 90 days in jail.  The good news for him is that he gets his passport back and can potentially  fight overseas until he reports for sentencing in October.   

ANOTHER UPDATE:  The reports that Monson had to surrender his passport at this past Tuesday's hearing are erroneous.  Those reports link back to a story from January.   Although The News Tribune website lists the article as being published on July 29, it's a mistake.  The article originally ran much earlier as evidenced by Sherdog reporting on the same hearing on January 28, 2009.   In fact, Monson was granted access to his passport just two days after it was originally taken away.  This article is also, for some reason, erroneously listed as being published on July 29, 2009.  Thanks to the articles' author, Jeremy Pawloski, for helping me sort things out. 

YET ANOTHER UPDATE:  The original online version of the article with the great "Are you going to support my family now?" quote appears here with the proper date of January 28, 2009.   Note that Jeremy Pawloski writes for The Olympian.  The articles with the improper dates were picked up by The News Tribune, which I assume did "publish" them all on its site on July 29, 2009.  I hope that when that outlet repurposes content in the future it includes the original publication date. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On Monday, I blogged that the end of Affliction's MMA venture could be the beginning of its legal battles.   It seems I am not the only one who feels that way.

Today, as reported by MMAJunkie.com, came this quote from one of Fedor Emelianenko's representatives:

 "We're exploring all options at the time, legally with regard to Affliction and what we perceived took place," Steve Bash, M-1 USA vice president of legal affairs, said. "I can promise you and promise Affliction, if something was done wrong, someone will be held responsible."

If the reports are true that the revered Russian is going to sign with the UFC, Fedor was likely one of the least damaged fighters associated with the ill-fated Affliction card.  And, even if that falls through, when you're the world's best heavyweight, it's safe to say that someone will pay you to fight on TV.  Other Affliction fighters including Renato "Babalu" Sobral, Gegard Mousasi, and now Jay Hieron, have also found a home with StrikeForce.  Vitor Belfort is going back to Brazil.  But, there's still more than a dozen fighters left out in the cold.  

Rumors are floating around about what compensation fighters might receive, ranging from full salaries to t-shirt deals, but it certainly seems to be in Affliction's best interests to satisfy the fighters.   It would not only prevent litigation, it would also give the company some much needed goodwill as it gets back into promoting the UFC.   If Brock Lesnar can take an in-ring shot at Bud Light, who knows what a scorned fighter might do to Affliction?

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The third time was most definitely not the charm.  Affliction: Trilogy went from looking for a new main event opponent, to looking for a new date for the event, to looking like a cautionary tale for anyone who thinks they can compete with the UFC.  In a classic case of "if you can't beat 'em . . . " Affliction has agreed to shut down its MMA promotional venture and in turn will be allowed to again sponsor UFC fighters.  (FightLine.com has a full timeline on the death of Affliction here.)  

A little more than a year ago, Affliction had tons of publicity for its first event and even had the backing of Donald Trump.  Today, if you visit Affliction's website, it's hard to find evidence that the T-Shirt company ever promoted an MMA event.

The cancellation of its third show might not have been bad news for Affliction as it reportedly lost money on its previous events and (even before the Barnett steroids scandal) may have been looking for the UFC to take over Trilogy and promote it.  It was, however, definitely bad news for all of the fighters who were scheduled to participate in the August 1st contest.

Many casual MMA fans don't realize that while some fighters make significant sums for appearing on televised cards, they have to pay all of their own expenses.  The athlete (not the promoter for the event) pays for his trainers, his gym time, his equipment, and everything else that goes into getting ready for a match.  A lot of these funds are "sunk costs" that have to be paid even if the event gets canceled.  Its no wonder that one prominent gym was "like a funeral" after Friday's announcement.

One fighter's manager told Sherdog.com that nothing in the Affliction contract gives the fighter any recourse at this point.  That may be the case (I've not seen the contract), but I suspect that litigation will still be forthcoming.  Unless the contract specifically addresses the shuttering of the organization, an argument could be made that Affliction violated the "good faith and fair dealing" obligation that most states' courts read into contacts.  And, if Affliction was really looking to get out of the promotional business as early as October, someone may allege that the company got fighters to sign up for Trilogy under false pretenses.  In short, while Affliction may have had its last fight on pay-per-view, its fights in court may be just beginning.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Earlier this morning, Affliction called off its upcoming Pay-Per-View in the wake of losing half the main event when Josh Barnett tested positive for steroids.    I have not seen a copy of Affliction's fighter contracts (I would love to if anyone has access to them), but I see two significant issues that could arise.

1. How much hot water is Josh Barnett in?  Assuming the California State Athletic Commission's test is accurate, Barnett's wrongful conduct sank this event (and possibly the company).  If he breached his contract, he could potentially be on the hook for all of the money Affliction lost promoting the event.   

2. What does the cancellation mean for Fedor Emelianenko and the other Affliction fighters?  It is well-known that Trilogy was to be the last fight in Fedor's three-fight deal with Affliction.  Can he now escape his contract since the event was called off?  His contract likely says otherwise, but Fedor can make a compelling case.  He was ready to go.  And, according to CagePotato.com, Fedor said he would fight anyone Affliction put in as a replacement for Barnett.  Nonetheless, Affliction canceled the event.  If Affliction contends that it still has Fedor under contract, do those rights extend indefinitely?  If Trilogy never happens, will the MMA world forever be deprived of Fedor-Lesnar?

It seems as if it would be in a promoter's best interests to start having fighters warrant that they have not taken any banned substances and accept responsibility for any breach of that warranty.  Conversely, if fighters sign an exclusive deal, they would be wise to include a termination clause if the promotion ceases to actively promote events.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In the Complaint filed in the Ibarra vs. Ortiz, et. al. defamation lawsuit, Ibarra's counsel refers to Quinton "Rampage" Jackson as "a prominent figure in the Ultimate Fighting Champion industry." While I'm not sure if this was a reference to the Zuffa-owned Ultimate Fighting Championship or the broader industry of mixed martial arts, the unusual choice of words did remind me the I first heard the UFC referenced in a trial--back in December 2006.

Our client had been assaulted by carnival workers at a fair.  Our star witness was a member of the Army who practiced MMA in his spare time.  He stumbled onto the assault, grounded some carnies, and may have saved our client's life.  The defense attorney discovered the witness's MySpace page, which prominently featured Chuck Liddell and other UFC images. His cross examination began like this:

Attorney: Do you have pictures from something called the U-F-C on your MySpace page?

Witness: Yes.

Attorney: What does that stand for?

Witness:  The Ultimate Fighting Championship.

Attorney:  And does U-F-C also stand for Ultimate Fight... CLUB!

Witness:  No.

This was followed by a long, awkward pause.  

Unlike the witness (and me), opposing counsel was obviously not counting the days until the upcoming Liddell-Ortiz rematch.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Many of you know about the tragic story of Zach Kirk, an MMA fighter who was paralyzed at an event in Shenandoah, Iowa.   Kirk broke his neck when he landed awkwardly while performing a double leg takedown. 

It breaks my heart to see an MMA fighter suffer, but it also makes my blood boil to see someone use the situation to push a personal agenda.   I'm not speaking of NY legislator and well known MMA-hater Bob Reilly (though he made predictably ill-informed comments about the situation) but rather fellow attorney Steve Lombardi who used Kirk's situation in an article arguing against tort reform.

In short, Lombardi says that we can't have tort reform in the form of caps on damages in lawsuits because if people can't sue entities like MMA promoters, taxpayers pick up the tab when someone gets hurt.  The problem with this argument is that it presumes, without any evidence, that the promoter of the event in Shenandoah did something wrong and would be liable in court.  Regardless of what one believes on the overall subject of tort reform, I think it's wrong to jump to the conclusion that just because someone got hurt, there must be someone out there who can be sued for big money.  Sometimes accidents are just accidents and no one is at fault.

Interestingly, Kirk's family members came to that conclusion and do not blame MMA for Kirk's injuries "telling KETV, 'It's a real safe sport. You've just got to watch what you're doing.'  Lombardi dismisses this as "spin" and assumes that the family will change their mind when the money runs out.  That is certainly possible, but it is also possible that the family recognizes that Kirk, a former high school wrestler, could have been hurt just as easily performing the same move on the mat instead of in the cage. Unless we want wrestling (and while we are at it, football and cheerleading) to get banned because we think families should sue the school districts every time someone sustains a catastrophic injury, we cannot hope that people sue MMA promoters under the same circumstances.

Lombardi closes his piece not by linking to the video of Zach Kirk's fight and the subsequent interview with Zach (which is very sad but which also shows the innocuous nature of the move that caused the injury) but rather a YouTube highlight reel where many of the early clips are of moves that are now banned in sanctioned MMA (such as knees to the head of a downed opponent or strikes to the back of the head).  Lombardi also shows a clip of one brutal knockout saying "Here is what MMA is all about."  That's akin to saying "here is what football is all about" and linking to the infamous clip of LT breaking Joe Theisman's leg.

The only thing that Mr. Lombardi and I appear to agree on is that Zach and his family are going to need a lot of assistance.  If you can help, please do so.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I created this blog to combine two of my main passions (Law and Mixed Martial Arts) and to justify the time I spent earning a journalism degree prior to law school.

My hope is that this site will eventually serve as a clearinghouse for all things related to MMA law, whether it is a story about the many fights that take place in a courtroom instead of a cage or a list of the various state athletic commissions that regulate MMA competitions. If you have an idea for an article or a link that could be useful to MMA promoters, fighters, and/or fans, please email me.

The fight photo at the top of the blog features T.J. "The Spider" O'Brien applying his signature triangle choke on Chris "The Religion" Perez Van Dam.  O'Brien is the former featherweight champion for the Midwest Cage Championship.  Perez Van Dam is one of the toughest fighters I've seen and he recently fought for MaxFightsDM. Brad Fuller of KickAssMMA took the photo.   I took the decidedly less interesting photo of the Polk County Courthouse, which is across the street from my office in Des Moines, Iowa.

• Email This
• Print
• Comments
• Trackbacks
• Share Link