Round Two - the second pre-motion conference in Andrey
Ryabinskiy vs. Don King case took place at Manhattan federal court, with
attorneys for promoter Andrey Ryabinskiy and World of Boxing LLC
presenting further evidence in front of United States District Judge
Shira Scheindlin.
NEW YORK, Aug., 2014 /-- During the second pre-motion conference in relation to the Andrey Ryabinskiy vs. Don King
case, Mr. Ryabinskiy's attorneys presented a sworn declaration from
World Boxing Association (WBA)'s General Counsel, which explained the
course of events surrounding the cancellation of the highly anticipated
Lebedev-Jones bout in April. The declaration filed with the court stated
that:
"On April 25, 2014, prior to the scheduled bout, Chairman Mendoza [of the WBA]
learnt that Jones' pre-bout drug test was positive for Furosemide.
Consequently, Chairman Mendoza determined that the WBA would not
sanction the scheduled bout…Chairman Mendoza was able to, and did
communicate the WBA's withdrawal of its sanctions to the World of
Boxing's representative on April 25, 2014, before the fight was scheduled to take place." (Case 1:14-cv-03791-SAS, Declaration of Michael E. McAleenan).
In response to questioning by Judge Scheindlin, King's legal team acknowledged that it is not disputing the fact that Guillermo Jones
used an "illicit drug" before the bout. (Case 1:14-cv-03791-SAS,
Transcripts, Pre-Trial Conference, 08/15/14). As a result, the Judge
presented her view that, since WBA Rule C.45 provides that a boxer who
tests positive for a banned substance cannot participate in a sanctioned
bout, and because Jones tested positive, he could not fight and King
could not secure his participation in the fight. In Judge Scheindlin's
view, "If it is not in dispute that he [Jones] took a
prohibited substance… This guy could not have fought that bout. There is
no question that the defendant couldn't produce him. The only
interesting question….whether the breach was excused"(Case 1:14-cv-03791-SAS, Transcripts, Pre-Trial Conference, 08/15/14).
In the view of the court, the outcome of the case will hinge on the
defendant's "impossibility defense under New York law" (Case
1:14-cv-03791-SAS, Transcripts, Pre-Trial Conference, 08/15/14), whether
as a matter of law, King could be held liable for Jones' failure to
comply with the WBA's anti-doping rules or whether he is excused from
liability under the impossibility doctrine. King's attorneys argue that
Jones failing the drug test "disabled" him, and therefore released King
from the contract promise to ensure his participation in the bout. (Case
1:14-cv-03791-SAS, Transcripts, Pre-Trial Conference, 07/23/14).
This week Mr. Ryabinskiy's attorneys will file a summary judgment motion with the Court.
About Mr. Ryabinskiy & World of Boxing LLC Andrey
Ryabinskiy is the Chairman of the Board of Directors and CEO of MIC
Group of Companies, a major investment and real-estate development
holding. Mr. Ryabinskiy is also a vice-president of The Russian Federation
of Professional Boxing and the founder of World of Boxing LLC, a boxing
promotion company that Mr. Ryabinskiy plans to turn into a leading
global boxing promoter. To date, along with Denis Lebedev, World of Boxing LLC has signed several other high profile boxing champions, including Alexander Povetkin, Grigory Drozd
and Rakhim Chakhkiev. Andrey Ryabinskiy previously attracted world
attention after the grand fight night last October, hosted at the
largest Moscow Arena, with the main feature being a fight for the super
heavyweight WBA, WBO, IBO, IBF world championship, between Vladimir
Klitschko v. Alexander Povetkin.
SOURCE World of Boxing LLC
