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Contracts Keyed to Knapp
Ventura v. Titan Sports, Inc
Facts
The Plaintiff, Jesse Ventura (Plaintiff), was a professional wrestler. He entered into an oral contract to wrestle for the Defendant, Titan Sports, Inc (Defendant). After suffering medical problems, the Plaintiff entered into a second oral agreement with the Defendant to become a commentator. No mention was made of royalties. The Plaintiff briefly terminated his relationship with the Defendant to become an actor. When the Plaintiff returned, he entered into another oral agreement with the Defendant. Under this oral contract, which did not mention royalties, the Plaintiff was again employed as a commentator. The Plaintiff then hired Barry Bloom as his talent agent. Bloom tried to negotiate with the Defendant regarding the Plaintiff’s royalties and was told that it was against the Defendant’s policy to pay royalties, unless it was to a “feature performer.” With this information, the Plaintiff entered into a new contract with the Defendant that waived the right to royalties. The Plaintiff eventually filed suit complaining of fraud, misappropriation of his likeness and quantum meruit. The jury found that the Defendant had defrauded the Plaintiff regarding its royalties policy and that it misappropriated the Plaintiff’s likeness so that the Plaintiff was entitled to compensation. The district court found that the Plaintiff was not entitled to a jury trial on his quantum meruit claim and vacated the jury verdict.
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