Civil Procedure Keyed to Subrin
N.J. Sports Prods., Inc. v. Don King Prods., Inc. et al
Defendants, Oliver McCall and Don King Prods et al., stand to lose a $3,075,500 purse fro McCall’s behavior in a boxing fight with Lennox Lewis. McCall stopped fighting in the fifth round, and displayed erratic behavior throughout the shortened fight. Plaintiff promoted the fight and their contract with McCall stated that if he did not put forth an honest effort in the fight then the purse could be taken away. The Nevada Athletic Commission (“NAC”) let Plaintiff know that they sought to discipline McCall for failing to put forward a legitimate fight, and McCall agreed to pay a $250,000 fine. Plaintiff did not participate in the settlement. Plaintiff now seeks to reclaim the purse, that Plaintiff requested to be on deposit with the court, and seeks to interplead all possible claimants to the purse. This includes not only Plaintiff, but McCall and his managers, the NAC, other Defendants, and Time Warner (they were responsible for the television broadcast). Defendants asse rted that the Court lacked subject matter jurisdiction since they were settling with the NAC. They also argued that there was no correct interpleader venue with this court.
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