The United States District Court for the District of Nevada has set a March 3rd date to hear arguments for the dismissal of the defamation lawsuit brought against Floyd Mayweather
Jr., Roger Mayweather, Leonard Ellerbe, Floyd Mayweather Sr. as well as Richard Schaefer and Oscar De la Hoya of Golden Boy filed by Manny Pacquiao on December 30, 2009.
Pacquiao is seeking damages for distress caused by various alleged statements regarding Pacquiao’s alleged use of Performance Enhancing Drugs (PEDs) made by the parties in question during the first negotiations to make the Pacquiao-Mayweather bout.
Lawyers for the Mayweather/Golden Boy side are seeking a dismissal of the lawsuit on the basis that there is no legal case to be made for defamation of the Filipino multi-division world champ.
As a public figure under the the laws and policies of the United States, Pacquiao would have to prove that the alleged statements made were presented as facts by those the average reader (or listener) would have a reasonable reason to trust, believe, or accept as an authority on the statement at hand. Pacquiao would also have to prove real damages caused by the alleged statements.
“The Fight Lawyer,” Justin Klein, according to his website, believes that the move to dismiss the lawsuit will be denied, but that Pacquiao will have a tough time winning the lawsuit against the Mayweathers and Ellerbe since much of what was said could be construed as opinion, something that is non-actionable in a defamation case.
Floyd Mayweather’s statement, “we know the Philippines got the best enhancing drugs'” and his quote during a press junket, “Pacquiao’s got the power pellets, yo, and the steroid juice. Pacquiao got the power pellets you know…” are at the crux of the case against Mayweather Jr., as well as his stated doubt as to the fairness of the fight if Pacquiao did not submit to drug tests. However, those statements, alone, aren’t likely to win a defamation lawsuit for Manny Pacquiao.
