Unhappy fans cannot sue over Mayweather-Pacquiao bout: U.S. court

[November 22, 2019]  By Jonathan Stempel

(Reuters) - A U.S. appeals court on Thursday said boxing fans who felt cheated after learning that Manny Pacquiao had been injured before fighting Floyd Mayweather Jr. cannot pursue class-action litigation because the 2015 welterweight bout dubbed the "Fight of the Century" proved to be a letdown.

The 9th U.S. Circuit Court of Appeals ruled 3-0 that fans and pay-per-view subscribers who paid hundreds of millions of dollars to watch a "yawner" of a fight "got what they paid for" when Mayweather and Pacquiao stepped into a Las Vegas ring, with Mayweather winning a unanimous 12-round decision.

Circuit Judge Jacqueline Nguyen said the plaintiffs suffered no legal injury from Pacquiao's failure to reveal a four-week-old injury to his right shoulder until three hours before the May 2, 2015, fight started.

She said letting the case proceed could fundamentally alter professional sports by requiring athletes to disclose minor injuries, which opponents could use to their advantage, or risk a slew of lawsuits.

"Although the match may have lacked the drama worthy of the pre-fight hype, Pacquiao's shoulder condition did not prevent him from going the full 12 rounds," Nguyen wrote. "Plaintiffs therefore essentially got what they paid for - a full-length regulation fight between these two boxing legends."

Nguyen also noted a New York state appeals court had dismissed fraud claims when Mike Tyson was disqualified for biting off part of Evander Holyfield's ear in a 1997 heavyweight bout, because fans had paid to see "whatever event transpired."

Mayweather-Pacquiao tickets started at $1,500 and fetched up to $231,000 on the secondary market. Commercial subscribers paid up to $10,000 for pay-per-view access.

Floyd Mayweather, Jr. of the U.S. stays low against Manny Pacquiao of the Philippines in the eighth round during their welterweight WBO, WBC and WBA (Super) title fight in Las Vegas, Nevada, May 2, 2015. REUTERS/Steve Marcus

Hart Robinovitch, a lawyer for the plaintiffs, did not respond to requests for comment.

Defendants included Mayweather and Pacquiao, AT&T Inc's <T.N> HBO unit, which co-produced the fight, and promoters Top Rank and Bob Arum.

"We are very pleased," Daniel Petrocelli, a lawyer for Top Rank and Arum, said in an interview. "The court established the very important principle that while sports fans may be zealous and passionate they do not have the right to sue because they are disappointed in how a contest was conducted, or in the outcome."

Mayweather's lawyer Mark Tratos said the decision shows that ticketholders get "no guarantee" they will like what they watch.

HBO did not respond to requests for comment. It decided in September 2018 to stop televising boxing.

The Pasadena, California-based appeals court's decision upheld an August 2017 dismissal by U.S. District Judge Gary Klausner in Los Angeles.

The case is In re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation, 9th U.S. Circuit Court of Appeals, No. 17-56366.

(Reporting by Jonathan Stempel in New York; Editing by Matthew Lewis and Bill Berkrot)

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