The plaintiffs in one of the two UFC antitrust lawsuits filed a massive brief on Monday outlining details of a new settlement agreement reached with TKO Group Holdings — the majority owners of the MMA promotion — with 56 fighters writing letters of support.
On Sept. 26, the UFC and the fighters involved in the lawsuit agreed to a new $375 million settlement to close out litigation that first started all the way back in 2014. An initial settlement agreement for $335 million to settle both antitrust lawsuits — the first covering fighters from 2010 to 2017 and the second for fighters from 2017 to the present — was denied by U.S. District Court Judge Richard Boulware from Nevada.
The new settlement agreement only covers the first lawsuit with the two sides in the second lawsuit still working towards a potential trial date. In the brief, the plaintiffs lay out a detailed breakdown why this settlement is so beneficial for the fighters, especially those in desperate need of financial relief now rather than potentially waiting several more years for a trial and possible appeals to play out in court.
Among the fighters writing letters of support was Spencer Fisher, who was declared permanently disabled and unable to work from the damage done in a career spent as a professional fighter including 17 fights over 12 years in the UFC.
“I need urgent medical attention and treatment now including physical therapy, chiropractic therapy, counseling and neurological treatment,” Fisher wrote in his statement. “I have not been receiving the necessary care to maintain my health due to the expenses of health care which I cannot afford. In addition to healthcare expenses, I face serious challenges in meeting basic everyday expenses for food, shelter, and transportation. My family has endured times without electricity and other utilities due to my struggles with mental health, and I have not been able to provide the financial support that my eight-year-old and two toddlers need. 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.”
UFC Hall of Famer Wanderlei Silva, who spent six years with the promotion after making a name for himself in PRIDE FC in Japan, revealed that he believes he’s dealing with serious brain damage as a result of his fighting career.
With his health compromised, Silva is hoping that the financial relief provided by the lawsuit settlement will help him and his family.
“While fighting for the UFC, I suffered many significant injuries, including concussions,” Silva wrote. “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…. I suffer from sleep apnea and have difficulty sleeping and breathing. That I can recall, I have had four surgeries on my nose, 1 on my face, 2 on my left knee, 1 on my right knee and 1 on my elbow.
“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. I can use and enjoy.”
Cung Le, who was one of the founding members of the antitrust lawsuit filed against the UFC in 2014, admitted that he’s nearing bankruptcy and he’s needed to rely on friends to help support him in recent years.
“Due to the strain of my current health limiting my everyday activity from working consistently, I’ve been relying on a friend who, through God’s provision, has generously sponsored my essential needs, including food and shelter, while I await the settlement of this case,” Le stated. “Without this support, I would likely need to file bankruptcy and apply for disability to manage my basic living and healthcare needs.”
Former interim UFC heavyweight champion Shane Carwin wrote in his letter of support that he’s been unable to maintain employment with his engineering degree due to health issues that continue to haunt him long after his fighting career was over.
“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,” Carwin wrote. “I face serious challenges in meeting basic everyday expenses for food, shelter, and transportation and in basic life skills necessary to function.
“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. I desperately need these funds now.”
Additional fighters providing letters of support for the UFC antitrust lawsuit settlement include Nate Quarry, Ross Pearson, Joe Stevenson, Cat Zingano, Gray Maynard, Matt Brown, Nate Marquardt, Jon Fitch, Chris Leben, Sage Northcutt and many more.
As far as the financial compensation many of the fighters would receive, the brief filed by the plaintiffs laid out the benefits to this settlement, particularly with the increase in funds as part of this new agreement.
“The $375 million all cash recovery provides a swift and significant payment to the Class against the delay, costs, and risks of a trial and appeals. As discussed above, Plaintiffs had initially proposed to allocate 75% of the Prior Settlement to the Le Class (75% of $335 million is $251.25 million), and thus this Settlement would increase the amount going to the Le Class by $123.75 million. Plaintiffs subsequently proposed to allocate 90% of the Prior Settlement to the Le Class (90% of $335 million is $301.5 million), and in that light, this Settlement involves $73.5 million more for the Le Class.
“Under the Settlement, Le Class members would recover (on average), after all fees and costs are deducted, $250,000. Thirty-five Class members would net over $1 million; nearly 100 fighters would net over $500,000; more than 200 fighters would recover over $250,000; over 500 fighters would net in excess of $100,000; and nearly 800 would recover over $50,000. By any reasonable measure, the Settlement, if approved, would put “life changing” cash into the hands of the families of several hundred fighters now.”
When the judge previously issued his denial, he stated that he objected to the settlement because the agreed upon payout seemed low and that the fighters represented in the second lawsuit — covering athletes from 2017 to the present — could object to arbitration and class-action waiver clauses in existing contracts.
Under the terms of this new agreement, the $375 million payment only goes to the fighters involved in the first lawsuit while litigation in the second lawsuit continues.
It remains to be seen if the judge will sign off on the new agreement or not.
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