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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 (PRWEB) August 19, 2014
During the second pre-motion conference in relation to the Andrey Ryabinskiy vs. Don King case, Mr. Ryabinskiys 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 boutChairman Mendoza was able to, and did communicate the WBAs withdrawal of its sanctions to the World of Boxings 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, Kings 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 Scheindlins 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 defendants 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 WBAs anti-doping rules or whether he is excused from liability under the impossibility doctrine. Kings 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. Ryabinskiys 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.
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