Legal Implications of Canceled "Affliction: Trilogy" Card
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.
