Wednesday, July 14, 2010

Mayweather Jr.'s Counterclaim for Defamation Against Pacquiao

Following up on my posts here and here about Pacquiao's defamation action against Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather, Mayweather Promotions, LLC, Richard Schaefer, and Oscar De La Hoya that is pending in the United States District Court for the District of Nevada, I checked the docket and it appears that Mayweather Jr. is firing back.

Specifically, on July 2, 2010, Mayweather Jr. asserted his own counterclaim (for practical purposes no different than a complaint in the first instance) against Pacquiao for defamation.  Specifically, Mayweather Jr. claims as follows:

In retaliation for the rampant speculation regarding his possible drug use in the press, on December 22, 2009, Pacquiao, without provocation, told the website Fanhouse.com, 'You know what, I don't even know what a steroid is.  I've never done that.  Maybe all of them [Mayweather Jr. and his representatives] -- they're using the steroids, not me.'  

Here is a link to the Fanhouse article referenced in the counterclaim if you want to check it out.

The relevant question is whether a reasonable reader understand Pacquiao to be making a factual statement that Mayweather and his camp are using steroids?

For my part, I do not think the alleged statement is defamatory because the statement, on its face, is speculation (e.g., "maybe") and not a statement of fact (remember statements of fact can be defamatory whereas statements of opinion generally are not) since Pacquiao claims he doesn't even know what a steroid is. 

For this reason, I think the statement is protected. 

What do you think?

I will continue to monitor.

Fight Lawyer