Blame Arum, not Pacquiao
BETTORS or pay-per-view buyers who felt cheated out of their money from watching a secretly injured Manny Pacquiao get outclassed by Floyd Mayweather Jr. last Sunday ought to crucify Top Rank big boss Bob Arum, not the Filipino.
Prominent California-based Filipino lawyer Romy Macalintal gave this tip to potential litigants as outrage continued to snowball over Team Pacquiao’s decision not to inform the Nevada Athletic Commission (NAC) about the Fighting Congressman’s rotator cuff tear ahead of the $300-million duel.
Pacquiao is reportedly facing a perjury charge after the boxer, through his adviser Michael Koncz, denied in writing to the NAC that he had any sort of shoulder injury.
In fact, two Las Vegas bettors have already sued “Pacman” for $5 million in damages for the failed disclosure. Needless to say, thousands of greenbacks were on line for the “Fight of the Century”.
Macalintal, however, said the primary legal liability falls on Arum, not Pacquiao.
“Bob Arum of Top Rank Promotions that promoted the fight could be held primarily liable by the betting public and those who watched it at MGM arena and through pay-per-view for staging what could be treated as a ‘sham’ contest for not making a public disclosure of the said injury before the fight.
“Such disclosure would have changed the betting odds for the event which would not have been dubbed as ‘Fight of the Century’,” the lawyer said.
Macalintal noted that the Harvard-educated Arum, himself a lawyer, knew as early as March 2015 (at around the time Pacquiao began training for the Mayweather bout) that the 36-year-old Filipino indeed had a torn rotator cuff.
“Arum also said that ‘the outcome of the fight would have been different if Pacquiao had been allowed an anti-inflammatory shot for his shoulder in the locker room’ and NAC’s disallowing it [on fight night] affected the outcome of the fight,” Macalintal said.
For him, Arum request for the pain-reliever shot “clearly demonstrated the seriousness of Pacquiao’s injury”.
Macalintal reckoned that the Top Rank president could be held liable for apparent misrepresentation or non-disclosure of a material fact since, even before the fight, Arum had been claiming that “there’s no doubt in my mind that Manny Pacquiao will beat Floyd Mayweather”.
“As the promoter, Arum could be disciplined by the NAC under Nevada Revised Statute (NRS) 467.10 for staging a ‘sham contest’ or for being ‘guilty of an act or conduct that is detrimental to boxing contest’,” he said. (Randy K. Ortega)