Lawsuits have been filed against Manny Pacquiao, his manager (Michael Koncz) and his promoter (Top Rank Inc.), alleging amongst other things, fraud and perjury. The lawsuits seek damages for the alleged concealment of Pacquiao’s shoulder injury during the “Fight of the Century” between Pacquiao and Floyd Mayweather.

The class action lawsuit alleges that “the defendants had full knowledge and information that defendant Pacquiiao had been seriously injured and was suffering from a torn rotator cuff… and that such injury would severely affect his performance.”[1] Pacquiao’s attorney has stated that he will seek a dismissal of the “frivolous” class action.

The shoulder injury

Pacquiao revealed his injury hours after his fight, noting that he had been denied painkillers by the Nevada State Athletic Commission (NSAC). It has been revealed that Pacquiao had attended an orthopaedic clinic and was administered a painkiller for his shoulder approximately 3 weeks prior to the fight. Additionally, Pacquiao or his team submitted a NSAC pre-fight questionnaire that checked “no” in response to the question “have you had any injury to your shoulders, elbows or hands that needed evaluation or examination?”

Key issues for determination

  • Legal disclosure: Were Pacquiao or Top Rank legally obliged to disclose the shoulder injury before the fight?
  • Questions of jurisdiction: The lawsuits have been filed in various states and it is unclear whether a federal court will have the cases combined.
  • Damages: How much damage was actually incurred by the various plaintiffs?