A new filing on behalf of the plaintiffs in the Cung Le vs. Zuffa antitrust case included more than fifty declarations from the member class urging approval of the latest settlement.
After an initial settlement offer of $335 million was reached by the plaintiffs from both the Cung Le and Kajan Johnson cases with TKO, Judge Richard Boulware of the District Court of Nevada felt the figure was too low. Boulware cited “serious concerns” regarding the settlement over the lack of financial and injunctive relief offered after the Le case initially sought between $800 million and $1.6 billion in damages.
Last month, a new settlement figure of $375 million was reached between the Le case plaintiffs and TKO, pending approval from Boulware. This updated figure would not include those attached to the Johnson case, which will be settled separately.
The Le case covers fighters who fought for the UFC between December 16, 2010, and June 30, 2017, while the Johnson case covers fighters from July 1, 2017, to the present—many of whom have signed waiver agreements that could greatly diminish what they are entitled to in a settlement, as opposed to the Le class. The Johnson case is also seeking both financial and injunctive relief, while the Le case is only seeking financial compensation.
On Monday, a filing was made by the plaintiffs including declarations from over fifty fighters urging Boulware to accept this settlement figure noting the current state of their health from the effects of fighting, urgent need for the money, and the risk of going to trial and not receiving anything.
In the breakdown from the filing, the $375 million settlement spread among the 1,100 class members would mean that thirty-five class members would receive over $1 million, nearly 100 fighters would receive over $500,000, more than 200 fighters would receive over $250,000, over 500 fighters would receive over $100,000 and nearly 800 fighters would receive over $50,000.
These declarations also reveal how the Settlement, if approved, would materially improve the lives of Class members, many of whom are contending with: chronic medical conditions, serious financial difficulties, and the lack of access to healthcare to treat injuries sustained during their fighting careers. Many cannot meet basic needs or are teetering on the verge of bankruptcy.
Fighters submitting testimonials included Wanderlei Silva:
I fear that during my career I have suffered traumatic brain injury (TBI) and am noticing symptoms common with TBI and CTE including depression, mood swings, and irritability. These funds would also allow me to obtain the healthcare I need and keep a roof over my head and food on my table. The sad reality is that funds years from now may be of no use to me.
Cung Le:
Without this support, I would likely need to file bankruptcy and apply for disability to manage my basic living and healthcare needs.
Shane Carwin:
Despite having a degree in engineering from the Colorado School of Mines, I have been unable to maintain adequate focus to hold down an engineering job. I face serious challenges in meeting basic everyday expenses for food, shelter, and transportation and in basic life skills necessary to function. The sad reality is that funds years from now may be of no use to me. I desperately need these funds now.
Jorge Rivera:
I do not have health insurance and have not been receiving the necessary care to maintain my health due to the expenses of health care which I cannot afford.
Sean Spencer:
My wife and I just had our 4th child and it’s been extremely challenging to focus on my mental health, my physical health, and especially my financial health to take care of my family properly. My wife deserves better. My family deserves a healthier me and I desperately need help now – not years from now. This would truly be life-changing money for me and for other members of the class.
The plaintiffs’ attorneys added that in the separate Kajan Johnson case, they “will seek more damages for current and former UFC fighters, as well as attempt to obtain injunctive relief seeking to end the anticompetitive practices in which we allege the UFC and its owner continue to engage”.
some quotes from some of the fighter declarations. This is some sad reading. pic.twitter.com/zoAtZoiG27
— John S. Nash (@heynottheface) October 7, 2024
