Cabana suing cm punk

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.

No, I kept refreshing it, just to see if it hadn't loaded in, but it wasn't included. But there's also a few more exhibits that weren't there, just A.
 
No, I kept refreshing it, just to see if it hadn't loaded in, but it wasn't included. But there's also a few more exhibits that weren't there, just A.

The fact that he didn't include the full language in the complaint makes me think he's picking and choosing phrases to affect the meaning. Because that's what I'd do.
 
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.


I would think Colt has a better chance at promissory estoppel. Colt's entire financial liability for lawyer fees ultimately has it's roots with him not taking down the podcast when he received a letter from Dr Amman. Colt has a text from Punk saying not to worry about it, his lawyers would handle it and he was 100% covered. Though there is no consideration Colt had a promise from Punk that he was 100% covered to his detriment which there are text messages. One question about this is that did Punk's promise only mean that Punk would cover Colt when Colt was being represented by Punk's lawyers?

Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration, when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.
 
It's crazy that it goes this way after being friends for years an WINNING the lawsuit together. I guess all the strain of a court case like this can trash a friendship.
 
It's crazy that it goes this way after being friends for years an WINNING the lawsuit together. I guess all the strain of a court case like this can trash a friendship.

It's weird, all of this could just go back to Punk walking out on WWE, when that happened, shit went south for Cabana. WWE put an embargo on his podcast, so nobody from WWE was allowed to appear, the last WWE guy to appear on the podcast was Dean Ambrose, which was a couple of weeks before Punk walked out. So, naturally, without the mainstream guys, Cabana's listenership dropped, which then has an effect on his sponsors.

To make it worse, WWE were actually negotiating with Cabana to bring him in, because Vince loved how he talked on the Punk documentary, they were talking about putting him in an NXT commentary role. As soon as Punk walked out, that was taken away from him.

Then the podcast happened, and that was perhaps the absolute zenith for Cabana, and now it's all gone to shit, to the point of him having to change the format of his podcast to that it's much more edited, and mainly focussing on Cabana himself.
 
It's weird, all of this could just go back to Punk walking out on WWE, when that happened, shit went south for Cabana. WWE put an embargo on his podcast, so nobody from WWE was allowed to appear, the last WWE guy to appear on the podcast was Dean Ambrose, which was a couple of weeks before Punk walked out. So, naturally, without the mainstream guys, Cabana's listenership dropped, which then has an effect on his sponsors.

To make it worse, WWE were actually negotiating with Cabana to bring him in, because Vince loved how he talked on the Punk documentary, they were talking about putting him in an NXT commentary role. As soon as Punk walked out, that was taken away from him.

Then the podcast happened, and that was perhaps the absolute zenith for Cabana, and now it's all gone to shit, to the point of him having to change the format of his podcast to that it's much more edited, and mainly focussing on Cabana himself.

WWE wins again.
 
Wait, so CM Punk is actually a douchebag? Wow, who could have ever guessed?

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WWE wins again.

And to make it even better, do you know who Cabana's lead sponsor was for that Punk interview? WWE 2K.

So, it was a case of "Nah, you can't have any of the guys... but talk up the game". It was like when WWE games would appear all over the ad breaks in TNA shows.
 
And to make it even better, do you know who Cabana's lead sponsor was for that Punk interview? WWE 2K.

So, it was a case of "Nah, you can't have any of the guys... but talk up the game". It was like when WWE games would appear all over the ad breaks in TNA shows.

Well it’s ironic that now you get WWE Network ads spoken by Wade Keller during some free PWTorch podcasts (via Podcast One affiliation) where WWE still gets criticized heavily.

Wonder if Meltzer could get the ads ;)
 
Well it’s ironic that now you get WWE Network ads spoken by Wade Keller during some free PWTorch podcasts (via Podcast One affiliation) where WWE still gets criticized heavily.

Wonder if Meltzer could get the ads ;)

Meltzer would turn a WWE Network ad into a New Japan advert.
 
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.

Now we have more exhibits:

Exhibit B, a text chain which shows Punk telling Colt to ignore the demand e-mail to take down the podcast, and that his lawyer, Sunny, "Will handle it".

Exhibit C, text chain from after Colt recieved a physical demand letter to take down the podcast, with Punk telling Colt "I'll make sure you're 100% covered".

Exhibit D, Retainer agreement, stating that Punk will cover all the legal fees.

Exhibit E, E-mail from Punk telling Colt, "I've paid enough, you're on your own".

Exhibit F, Letter from Carey Stein, discussing substitution of attourney.

Exhibit G, e-mail chain between Punk's attourney (Sunny Bremner) and Colt saying "Even though you're not paying, I am still willing to represent you in this case, with Punk continuing to cover the fees." With Colt saying that he felt "threatened" by the e-mails sent by Punk, and that he needed assurance that Punk would not come after him, seeking compensation.

Exhibit H, FedEx'd letter from Punk's attourney's to Colt, telling him they were no longer able to represent him, without giving him as reason as to why they are withdrawing their representation.
 
Thanks Smigg

Load of BS btw.

That 100% covered can be understood in a half dozen ways including paying all fees or just getting some legal advise - which is why Punk might have got angry at paying for everything and demanded half the money up to that point. Then Colt has a half-veiled threat to do his own shit which could include settling/cooperating with WWE and then Punk again agrees to pay.

Notice Colt is worried about getting sued by Punk. Is that because he realizes Punk didn’t actually promise to pay for everything up to the end? The lawyers preferred to bill Punk because he’s rich compared to Colt (THAT is how I would bill) - that doesn’t mean Colt didn’t have to give half back.

Once they get to the stage where Colt can’t pull out or fuck things up for Punk in court - then Punk stops paying.

Colt is also responsible for his own actions. After getting the podcasts, he could have edited it or not put it up. And he was making snide remarks during it. After getting the letter he could have taken it down. I am 100% certain there were lawyer meetings where Colt discussed the letter and consequences and then the lawsuit.

So why should Punk pay for everything? He didn’t put a gun to Colts head - who is an adult. If Punk paid for a huge while then Colt should be happy.

That’s how I would defend Punk. Also there is going to be other correspondence/texts in this matter.
 
Thanks Smigg

Load of BS btw.

That 100% covered can be understood in a half dozen ways including paying all fees or just getting some legal advise - which is why Punk might have got angry at paying for everything and demanded half the money up to that point. Then Colt has a half-veiled threat to do his own shit which could include settling/cooperating with WWE and then Punk again agrees to pay.

Notice Colt is worried about getting sued by Punk. Is that because he realizes Punk didn’t actually promise to pay for everything up to the end? The lawyers preferred to bill Punk because he’s rich compared to Colt (THAT is how I would bill) - that doesn’t mean Colt didn’t have to give half back.

Once they get to the stage where Colt can’t pull out or fuck things up for Punk in court - then Punk stops paying.

Colt is also responsible for his own actions. After getting the podcasts, he could have edited it or not put it up. And he was making snide remarks during it. After getting the letter he could have taken it down. I am 100% certain there were lawyer meetings where Colt discussed the letter and consequences and then the lawsuit.

So why should Punk pay for everything? He didn’t put a gun to Colts head - who is an adult. If Punk paid for a huge while then Colt should be happy.

That’s how I would defend Punk. Also there is going to be other correspondence/texts in this matter.

So, long and short of it is, Colt's a dumbass, and because he didn't adequately protect himself, and he's pulling the old "But, I'm just a poor boy... it was that bigger boys that made me do it... it's not my fault"
 
So, long and short of it is, Colt's a dumbass, and because he didn't adequately protect himself, and he's pulling the old "But, I'm just a poor boy... it was that bigger boys that made me do it... it's not my fault"

Might turn out he was a complete asshole who said he’d give half the money back when appropriate or when he could and then backed out when he saw a quarter of a million bill. Then threatened Punk with fucking up the trial.
 
I’m not a Punk mark, just a litigation lawyer who has seen many friendships and partnerships break up.
 
There’s this niggling doubt at the back of my head that this lawsuit... I think some lawyers didn’t actually get paid.
 
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Might turn out he was a complete asshole who said he’d give half the money back when appropriate or when he could and then backed out when he saw a quarter of a million bill. Then threatened Punk with fucking up the trial.

Could there also be that element that Colt had resentment towards Punk because, like his WWE run, Colt does have a similar "Not my fault, it's them" attitude. Instead of thinking "I should have protected myself", he thought "He lied, and now I'M in trouble?! Fuck that! He should pay"

Add in the factor that Carey Stein is a friend of Colt's family, there's always the possibility that he's filled his head with "You know, it is his fault that you're in this position, and he did say "You're 100% Covered", so maybe you should sue him".
 
This is how friendships end - you don’t make shit clear when money gets involved.
 
Certain Colt only heard about $800 an hour lawyers in films and then shit himself when Punk said his half was a quarter of a million and not 15k. Then he has to pay that money to his new lawyers. That’s a house.

And as much money as he earned during his time in WWE - EDIT wrong bad gimmick
 
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Certain Colt only heard about $800 an hour lawyers in films and then shit himself when Punk said his half was a quarter of a million and not 15k. Then he has to pay that money to his new lawyers. That’s a house.

And as much money as he earned during his time in WWE which he only got because Cornette blew a fuse in OVW and Colt went directly to WWE HR.

I didn't know about that. What happened?
 
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