"Sugar" Shane Mosley May Lose Another Lopsided Decision
After losing a lopsided decision at the beginning of the month, "Sugar" Shane Mosley might be in for another brutal defeat.
The most popular defamation allegations in the boxing world have surrounded Manny "Pacman" Pacquiao and Floyd "Money" Mayweather, but Mosley has also quietly orchestrated his own defamation lawsuit.
Mosley's case has dated back to 2008; Mosley has continued to seek his "purse" from BALCO President Victor Conte. Initially, Mosley sued Conte for statements Conte made about Mosley not knowing what he was putting into his body. Conte said Mosley "knew precisely what (he was) using". This excuse has been used many times before by athletes. (See Diego Maradona and Rafael Palmero.) But how can you be unsure what you are putting into your body? The body that makes you millions of dollars, the body that you rely on to keep you in the public spotlight. I will never understand it!
Conte's defense attempted to derail the lawsuit with an initial summary judgment motion which was denied by the New York Supreme Court Justice Louis B. York. When looking closer at Judge York's ruling, there is more to the ruling than a simple denial. In the decision, York avoided a ruling on the merits, and said that the defendant could renew it after discovery was completed. By doing so, Justice York left the door open for Conte's defense to file a second summary judgement motion, which may be on the way.
As time has past, Mosley has pushed to a $12 million defamation claim. Mosley's representation insists his client has lost millions of dollars because of Conte's defamatory words. But has he? The summary judgment motion, in the works, might pack a 1-2 punch that knocks this case out of the New York State Supreme Court.
Part 1: Mosley's reputation and income has not been effected by the claims made by the defendant. Mosley just made at least $6.7 million dollars on his fight earlier this month against Mayweather. We all know boxing is not exactly in its golden years. With the emergence of MMA and the lack of big names in the Heavy Weight Division, boxing can not compete with the other major sports. But somehow, someway Mr. Mosley has earned $6.7 million dollars regardless of Conte's statements. With the help of HBO's hit series 24/7: Mayweather vs. Mosley, "Sugar" Shane was able to put the public's perception of him behind them and allow the fight to earn over $78 million. Did Conte's statements really effect the amount Mosley has made?
Part 2: Conte claims he is telling the "truth". Truth is a complete defense to defamation. If you tell the truth, you can not be liable for defaming someone. In this case, Mosley, a public figure, is not only responsible for proving Conte is lying about the statements, but Mosley must prove Conte acted maliciously or with reckless disregard. Proving this is going to be tough, especially when recent YouTube videos of a deposition Mosley gave last October show Mosley admitting he must have known what he was taking erythropoietin (EPO).
What should Mosley's legal corner tell him? Throw in the towel Shane! You just made millions on a fight and have promoted yourself back into the spotlight for LOSING! Don't run the risk of having the public remember you were a cheater!
Stay tuned........
Thanks BPS
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.