Sunday, March 20, 2011

Donaire's Declaratory Judgment Action Against Top Rank

On March 17, 2011, Nonito Donaire filed a complaint against Top Rank in Clark County District Court seeking a declaratory judgment that, inter alia: "(1) Top Rank breached the Promotional Rights Agreement by failing to perform its obligations under the Minimum Bouts Provisions; and (2) as a result of Top Rank's [alleged] breaches, Donaire effectively terminated the Promotional Rights Agreement on March 4, 2011, and owes Top Rank no further obligations under the same."

That Donaire and Top Rank are engaged in litigation is not surprising given that Golden Boy announced last week that it had signed Donaire to a multi-year agreement.

As Dan Rafael wrote over at ESPN:
The ongoing battle between rival promotional companies Golden Boy and Top Rank was ratcheted up on Wednesday when Oscar De La Hoya's company announced that it signed unified bantamweight titlist Nonito Donaire to an "exclusive, multiyear agreement" and away from Bob Arum's Top Rank.

'Nonito Donaire is one of the top boxers in the world today and we're going to make sure he gets the chance to defend his world titles and stays as active as possible,' De La Hoya said in a statement. 'The bantamweight division is becoming one of the most competitive and exciting divisions in boxing and we look forward to promoting Nonito in great fights in the coming years.'
In his complaint, Donaire alleges that Top Rank failed to provide the minimum number of bouts under the promotional agreement and that he was within his rights to terminate the agreement due to this alleged breach.

Donaire filed the complaint seeking a declaratory judgment because he wants a court to adjudicate whether he was within his rights to terminate the agreement.

Fight Lawyer