Late last year mark search threatened to sue the UFC and Brock Lesnar after the high profile fighter tested positive for banned substances following UFC 200. He even suggested racketeering allegations. Today search made good on his pledge suing Zuffa, Lesnar, and Dana White in federal Court.
The full court filing can be found here – mark-hunt-vs-ufc-doping-lawsuit (H/T to ESPN’s Brett Okamoto who broke this story and was kind enough to supply me with a copy of the Camiseta Racing Club de Avellaneda filing)
In the 27 page filing, search alleges a conspiracy between the UFC, White and Lesnar to allow Lesnar to compete at UFC 200 while on performance improving drugs without facing repercussions until after the fact.
In a soundbite the claim suggests profit over safety.
Hunt highlights the UFC’s anti doping policy’s central goal of protecting fighters
then goes on to note that, by granting Lesnar an exemption of the normal 4 month USADA testing period for Camiseta Feyenoord returning UFC athletes, the UFC conspired to allow Lesnar to dope violating the foundation of the anti doping policy.
Perhaps a lot of troublesome for the UFC, search goes on to allege that this is one occurrence in a history of doping coverups setting out a pattern going opening the door to the UFC’s TRT era alleging as follows:
The claim relies on 8 triggers of actions (ie formal legal grounds for suing). Hunt alleges the following
Unlawful Racketeering in violation of federal law
Unlawful Racketeering in violation of Nevada state law
Fraud
Obtaining Hunt’s services (to fight Lesnar) under false pretenses
Breach of Contract
Breach of Covenant of good faith and fair Dealing
Negligence
Unjust Enrichment
Hunt’s likely greatest barrier to this claim will be his own previous out of court statements noting that he did not care if Lesnar was doping, he would fight him anyway telling MMAJunkie
“I don’t care – everyone must be on a level playing field, to be honest, but it is what it is….I don’t care if you’re cheating or not. I’ll punch your face in. That’s all I’ve got.”
Zuffa will certainly throw this evidence in Hunt’s face challenging his suggestion that he is opposed to battling PED using opponents. Also troubling for search will be the fact that Zuffa’s exemption for Lesnar’s 4 month testing period was publicly revealed prior to the bout and search fought anyways. It is tough to suggest fraudulent concealment when the “concealed” facts were expressly known pre-fight.
Zuffa will likely attempt to rely on the waiver contained in the UFC/USADA anti doping policy which search contractually agreed to and reads as follows
Hunt’s allegations, however, go well beyond good faith errors and suggests a bad faith conspiracy so the above waiver likely will not be of value.
The UFC will also likely rely on the waiver in Hunt’s marketing contract which probably reads as follows:
If this claim survives early attempts at dismissal based on the above waivers its game on. The suggestions of a long running doping conspiracy going back to the TRT Camiseta West Ham United era will open the door to a broad and awful discovery process.
I suspect if this claim survives a motion to dismiss Zuffa will be inspired to reach settlement before the sport’s TRT era and in-house doping waivers are exposed under the bright spotlights of the judiciary. The damage that such a process can cause their brand, even if the claim is successfully defeated, can greatly outweigh the short term pain of a prompt and confidential settlement.
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