Cabana suing cm punk

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Holy shit, who would have thought this went from Punk making Colt relevant again by mentioning him in one of the best promos of all time to Cabana slapping him with a lawsuit.

From what I'm reading Cabana seems to have a legit case here. I would say the best thing going for him is when Colt received a demand letter prior to being sued that requested he take down the podcast and Punk insisted for him not to take it down and that Punk would cover legal fees. Apparently he has text messages for proof. If Cabana loses this lawsuit he's going to be financially ruined. He sure as hell doesn't have $250 grand laying around.

Punk on the other hand could end up paying out a decent chunk of change. What ever he made for his last UFC fight will be wiped out especially considering the costs for training. I can't see the court giving Colt some kind of million dollar windfall here but it will cost Punk a decent amount of change. Punk will still be fine financially but he'll need to watch his spending.



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podsox said:
https://chicago.suntimes.com/news/colt-cabana-cm-punk-contract-legal-fees-lawsuit/
Click to expand...

Cobana vs Punk cliffs:

They did the podcast.

Colt got a letter from the lawyers.

Punk said he’d deal with it and got a lawyer involved.

They had the same lawyer up to 2016.

Punk then wanted Colt to pay half the legal fees up to that point.

Colt said he’d get a new lawyer if necessary.

Punks lawyer said that as long there wasn’t a conflict of interest he would continue to represent Colt and Punk would pay the legal fees.

Then at the beginning of 2017 Punk’s lawyer dumped Colt.

Colt hired a lawyer and spent an unspecified amount of money on legal fees (he’s suing for above 200k in fees and more in punitive damage).

They win the suit.

Lawsuit says Punk should pay because Punk wrote a text message saying Colt was “100% covered” (that’s their CONTRACT) and because his lawyer was saying he’d represent Colt - and Colt could have taken the podcast down or settled at a later date and not had any legal issues and fees or had them reduced. Colt accuses Punk of breaking their contract as well as fraud.

I’d like to hear Punk’s side of this story.

At this point we got a text message that can be understood a lot of ways as well as a lawyer’s letter.

Colt is going to have to prove that there wasn’t a conflict of interest in 2017 - which there was IMO or could be easily proven (Hypothetical - Colt phoned the lawyer and said he really wants to settle but Punk doesn’t). Lawyer said Punk would pay until/unless there was a conflict.

Or Colt is going to have to prove that the text message created a blanket contractual obligation or an obligation under tort (you hurt me) forever and ever.

There’s evidence I haven’t seen ie the exact correspondence except for the Amman lawyer letter which seems quite reasonable.

Shit should have been settled.

Arguments are:

Contract- “100%” should cover all the fees resulting from the podcast.

Fraud- Punk is a fraud, should have paid everything because by lying about covering the fees he made Colt spend money on lawyers.

The million is for Punk being a scumbag. The normal shit you find in lawsuits hoping the jury/court will hate on the bastard.
 
Thanks for the summary.
It's crazy that Punk basically dragged Cabana into the crossfire and then stabbed him in the back with the lawyer fees. A real guiness world record great best friend to have right there.
 
I’m sure colt is regretting putting the podcast back up. If he keeps it down he isn’t even apart of the lawsuit
 
I'm interested in seeing (1) what this original (alleged) text from Punk offering to pay all of Colt's fees says; (2) what caused the falling out, as it appears to have happened before Punk (allegedly) withdrew his offer to pay for Cabana's fees; and (3) how Cabana plans to argue fraud against Punk. Without a finding of fraud, he likely won't get any punitive damages.

I know hating Punk is one of the PWD's favorite pastimes, but let's not pretend Cabana is an innocent victim here. If he had a fucking clue he'd never have been in this position in the first place.
 
SocraticMethod said:
I'm interested in seeing (1) what this original (alleged) text from Punk offering to pay all of Colt's fees says; (2) what caused the falling out, as it appears to have happened before Punk (allegedly) withdrew his offer to pay for Cabana's fees; and (3) how Cabana plans to argue fraud against Punk. Without a finding of fraud, he likely won't get any punitive damages.

I know hating Punk is one of the PWD's favorite pastimes, but let's not pretend Cabana is an innocent victim here. If he had a fucking clue he'd never have been in this position in the first place.
Click to expand...

The text, and an e-mail (apparently) has Punk saying that Cabana is "100% Covered", when Chris Amann requested that Colt take the podcast down. As well as an e-mail from the lawyers saying that Punk will cover the legal fees. Then, Punk sent him a message telling him "I've paid enough, you're on your own".

However, Colt was naive as all fuck. 1) He didn't make it abundantly clear that "These are his words and opinions, and not necessarily mine, I am merely providing the platform", and 2) He decided to "Yes, and..." like an improv comedy class when Punk was lying about somebody on a global platform, implicating himself in the case in the first place.
 
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Smigg said:
The text, and an e-mail (apparently) has Punk saying that Cabana is "100% Covered", when Chris Amann requested that Colt take the podcast down. As well as an e-mail from the lawyers saying that Punk will cover the legal fees. Then, Punk sent him a message telling him "I've paid enough, you're on your own".

However, Colt was naive as all fuck. 1) He didn't make it abundantly clear that "These are his words and opinions, and not necessarily mine, I am merely providing the platform", and 2) He decided to "Yes, and..." like an improv comedy class when Punk was lying about somebody on a global platform, implicating himself in the case in the first place.
Click to expand...
Is that you, Dr Amann?
 
Bluesbreaker said:
Is that you, Dr Amann?
Click to expand...

Punk did lie. It was proven in court that he lied. In particular the "Baseball sized lump" that a doctor said was a "Full blown staph infection", and that he "should be dead". That was a demonstrable lie.

Video testimony of Physician’s Assistant Patrick Duffy (recorded 8/16/2017) is played.

  • Duffy confirms that Punk had a fatty, sore, tender, red lump on his lower back.
  • Duffy confirms treating inflammation and swelling.
  • Duffy describes the procedure, that requires using a scalpel to pierce and drain the lump.
  • The Jury’s eyes have begun to glaze over.
  • Duffy confirms that he would have cultured Punk, but Punk refused due to lack of insurance.
  • Duffy confirms the use of cortical steroid injection to treat inflammation.
  • Duffy indicates there was no “central pustule” that is usually an indicator of staph or MRSA.
  • Duffy claims that the lump was not “golfball” sized, or else he would’ve noted it in the records.
  • Duffy says “baseball sized” definitely would’ve been noted, had it been the case. It was not.
  • Duffy describes the procedure as unremarkable. None of the squirting and screaming that Punk talked about on the podcast.
  • Duffy prescribed an anti-biotic [monodox], as he’s done for everything ranging from skin infections to acne.
  • Duffy confirms scheduling Punk a follow-up for one week later. Punk does not go to the follow up.
  • Duffy sees Punk again on 3/20/2014, Punk still has a lump but Duffy doesn’t diagnose as anything other than a benign lump.
  • Punk was reportedly responding well to Monodox.
  • Duffy confirms that he wrote Punk an excuse note that mentioned possible Staph or MRSA, but the ICD code identifies that it was diagnosed as a cyst.

Read more at http://www.mandatory.com/wrestlezone/news/960001-960001#sH9xTM8Vco48tZ3s.99

However, what fucked the doctor's case was that he didn't prove that there were significant damages both personally or professionally. Especially to the tune of nearly $4,000,000 which is what his attourneys were asking for.
 
Smigg said:
Punk did lie. It was proven in court that he lied. In particular the "Baseball sized lump" that a doctor said was a "Full blown staph infection", and that he "should be dead". That was a demonstrable lie.

Video testimony of Physician’s Assistant Patrick Duffy (recorded 8/16/2017) is played.

  • Duffy confirms that Punk had a fatty, sore, tender, red lump on his lower back.
  • Duffy confirms treating inflammation and swelling.
  • Duffy describes the procedure, that requires using a scalpel to pierce and drain the lump.
  • The Jury’s eyes have begun to glaze over.
  • Duffy confirms that he would have cultured Punk, but Punk refused due to lack of insurance.
  • Duffy confirms the use of cortical steroid injection to treat inflammation.
  • Duffy indicates there was no “central pustule” that is usually an indicator of staph or MRSA.
  • Duffy claims that the lump was not “golfball” sized, or else he would’ve noted it in the records.
  • Duffy says “baseball sized” definitely would’ve been noted, had it been the case. It was not.
  • Duffy describes the procedure as unremarkable. None of the squirting and screaming that Punk talked about on the podcast.
  • Duffy prescribed an anti-biotic [monodox], as he’s done for everything ranging from skin infections to acne.
  • Duffy confirms scheduling Punk a follow-up for one week later. Punk does not go to the follow up.
  • Duffy sees Punk again on 3/20/2014, Punk still has a lump but Duffy doesn’t diagnose as anything other than a benign lump.
  • Punk was reportedly responding well to Monodox.
  • Duffy confirms that he wrote Punk an excuse note that mentioned possible Staph or MRSA, but the ICD code identifies that it was diagnosed as a cyst.
Read more at http://www.mandatory.com/wrestlezone/news/960001-960001#sH9xTM8Vco48tZ3s.99

However, what fucked the doctor's case was that he didn't prove that there were significant damages both personally or professionally. Especially to the tune of nearly $4,000,000 which is what his attourneys were asking for.
Click to expand...

Punk exaggerated, lied or bullshitted depending on your definition. The evidence showed that what Punk said was mostly at best an emotionally charged exaggeration.

Exaggeration - Wasn’t a baseball sized lump, wasn’t a doctor treating Punk (basically a junior assistant without med school), wasn’t spurting and nobody said it was staph that would kill Punk within a couple of weeks unless untreated.

Not enough to get the doc the money though for reasons we won’t know because your fucked up civil trial jury system doesn’t let us know why people decide how they did.
 
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Hey @SocraticMethod is there a lack of consideration defense here? I haven’t done that part of English law for a decade. I don’t think so.

Not taking down the podcast (admitting it was illegal), not having a settlement with the WWE (and turning on Punk at rural), cooperating at trial with Punk and simply showing a joint finger to the WWE/doc seems all of things having a value to Punk. Punk seems the kind to dude to think showing a finger is of substantial value to him.

For other dudes - Consideration under ancient English law (which is also US via colonialism) means that two sides should have benefits from an enforceable contract. The courts have idiotic definitions of this - basically consideration is something of value. I’ve seen contracts where a company gets 20 years of lease of a building for literally a ‘peppercorn’. And that can hold up in court. Or maybe not.
 
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Good discussion on this on the Wade Keller The Fix which I think is only VIP.
 
warriorscomeout said:
Punk exaggerated, lied or bullshitted depending on your definition. The evidence showed that what Punk said was mostly at best an emotionally charged exaggeration.

Exaggeration - Wasn’t a baseball sized lump, wasn’t a doctor treating Punk (basically a junior assistant without med school), wasn’t spurting and nobody said it was staph that would kill Punk within a couple of weeks unless untreated.

Not enough to get the doc the money though for reasons we won’t know because your fucked up civil trial jury system doesn’t let us know why people decide how they did.
Click to expand...

And while he was saying that, Colt decided this would be just a dynamite time to work on his improv, "Yeah, and it was growing teeth!" Yep, nice one, stupid, you just got yourself dragged into the case.
 
warriorscomeout said:
Hey @SocraticMethod is there a lack of consideration defense here? I haven’t done that part of English law for a decade. I don’t think so.

Not taking down the podcast (admitting it was illegal), not having a settlement with the WWE (and turning on Punk at rural), cooperating at trial with Punk and simply showing a joint finger to the WWE/doc seems all of things having a value to Punk. Punk seems the kind to dude to think showing a finger is of substantial value to him.

For other dudes - Consideration under ancient English law (which is also US via colonialism) means that two sides should have benefits from an enforceable contract. The courts have idiotic definitions of this - basically consideration is something of value. I’ve seen contracts where a company gets 20 years of lease of a building for literally a ‘peppercorn’. And that can hold up in court. Or maybe not.
Click to expand...

There could be, I guess. Like I said, I'd like to see the original text message with Punk's (alleged) offer. Did he place a contingency on paying the fees?

I haven't once thought about "consideration" since I took the bar.
 
Smigg said:
Click to expand...


Am I just stupid, or was Exhibit B, which was supposed to have a copy of the text messages from Punk offering "100% coverage" not included in that? That's what I want to see. It's interesting to me that he included the transcription of the entire text of Punk telling him to pay half, but only bits and pieces of the (alleged) offer.
 
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