World Of Boxing Llc, v. King

56 F.Supp.3d 507 (2014)

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Nature of the Case

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Facts

Vladimir Hrunov and Andrey Ryabinskiy are Russian boxing promoters who do business as P. D is an American boxing promoter who does business as Don King Productions. P and D entered into an Agreement where D promised to produce Guillermo Jones (Jones) for a bout against Denis Lebedev (Lebedev) on April 25, 2014. On May 17, 2013, Jones and Lebedev fought in a Cruiserweight Title Fight in Moscow, sanctioned by the World Boxing Association (WBA), which Jones won by knockout in the eleventh round. Jones's urine tested positive for furosemide, prompting an investigation by the WBA. On October 17, 2013, the WBA found Jones guilty of using a banned substance, stripped him of the Cruiserweight title, and suspended him from WBA-sanctioned bouts for six months. On January 28, 2014, P and D finalized terms for a second administration of the Cruiserweight Title match between Lebedev and Jones. The Agreement also imposed the following restrictions on Jones: Jones must arrive in Moscow a minimum of 7 days before the Event and shall remain in Moscow until the Event. Jones also undertakes to be subjected to drug testing before and after the fight, in compliance with the rules of the WBA and the [2013 WBA Resolution]. On April 23, 2014, urine samples were collected from both Jones and Lebedev and submitted for testing. Lebedev's sample was clean but that Jones's sample tested positive for furosemide. When D and Lebedev learned of this news, Lebedev withdrew from the bout. On April 28, 2014, the WBA issued a letter deeming Lebedev's withdrawal 'justifiable.' On May 23, 2014, the WBA issued a resolution (1) affirming the finding that Jones's urine contained furosemide, (2) suspending Jones from WBA-sanctioned bouts for two years, and (3) naming Lebedev Cruiserweight champion. P sued D claiming D breached the terms of the Agreement. D counterclaimed, asserting breach by P. D argues that Lebedev's decision to 'unilaterally' withdraw - after learning of Jones's positive drug test - violated the terms of the Agreement. P moved for partial summary judgment.