More than 50 former UFC fighters submitted letters of support for the proposed $375 million settlement agreement in the Le vs. Zuffa antitrust class-action lawsuit.
According to online records, the letters were filed Monday by plaintiffs as part of a memorandum in support of settling. The letters come 12 days after the agreement proposal was filed Sept. 26. News of the filings was first reported by journalist John Nash.
The proposed $375 million settlement comes less than two months after U.S. District Court judge Richard Boulware denied an initial proposal of $335 million, which also included Johnson vs. Zuffa under its umbrella. The current proposal is strictly for Le vs. Zuffa.
The letters
Many fighters who wrote letters painted a grim picture of life after fighting. Reoccurring themes include financial struggles, physical injuries, brain trauma concerns, and mental health problems. The fighters reiterated their preference for immediate financial relief rather than risk the outcome of a trial, which could benefit the fighters more lucratively or leave them with nothing.
“For me, a significant recovery in the near future is much more appealing than the possibility of a larger recovery several years from now, especially in light of the possibility that there would be no recovery at all if this settlement were not approved,” each letter read. “In my situation, a bird in the hand truly does beat two (or three, or even nine) in the bush.”
Among the most notable names is UFC Hall of Famer [autotag]Wanderlei Silva[/autotag], who stated concerns for traumatic brain injury (TBI) and chronic traumatic encephalopathy (CTE).
“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. To date, no treatment for CTE has been found. I suffer from sleep apnea and have difficulty sleeping and breathing.”
“The Ultimate Fighter, Season 1” winner [autotag]Diego Sanchez[/autotag] voiced similar worries about his health, including bouts of depression, and financial problems after his UFC career concluded.
“Increasingly, day to day survival is a struggle,” Sanchez wrote.
UFC heavyweight [autotag]Todd Duffee[/autotag] recalled 16 surgeries he had during his career but went into greater detail about the narrative he said the promotion crafted around him, likely referring to 2010 comments made by Dana White.
“Picture yourself at 25 in the most important job interview of your life,” Duffee wrote. “To have the interviewer question why your former employer at a fighting organization, believes you to have a bad attitude and to announce it is publicly causing them to express concern over this characterization— simply because you refused to fight while injured for a second time in a row after previously competing with a torn MCL and shingles in your eye.
“I am sure you can see how this mischaracterization has had quite an economic impact moving through my life. It has continued to haunt me and is weaponized against me in all kinds of business job settings stifling my potential for many opportunities.”
Former UFC interim heavyweight champion [autotag]Shane Carwin[/autotag] said he still struggles from the damage sustained during his six-fight stint with the promotion and can no longer focus on his day job.
“Cognitive tests conducted at the Cleveland Clinic Lou Ruvo Center for
Brain Health and Concussion Legacy Foundation at Boston University (among others) are indicating I have suffered damage to the pre-frontal cortex and left hemisphere,” Carwin wrote. “I spend days in bed suffering from bouts of paranoia, fear and anxiety.”
The list of other notables who submitted letters include [autotag]Matt Brown[/autotag], [autotag]Patrick Cote[/autotag], [autotag]Jon Fitch[/autotag], [autotag]Cung Le[/autotag], [autotag]Sage Northcutt[/autotag], and [autotag]Cat Zingano[/autotag], among others.
A full list of the fighters who submitted letters can be viewed here.
What does the settlement look like?
According to the recent filing, the total sum allotted to the plaintiffs (should Boulware approve) would be $375 million and would be paid in installments.
According to the proposed notice of class action settlement, each fighter’s payout will depend on two factors: the number of fights they had and the amount of money they earned from the UFC during the class window.
“The proposed Plan of Allocation can be summarized as follows,” the notice states. “Each Claimant will be allocated his or her share of the Net Le v. Zuffa Settlement Fund based upon two pro rata factors: (i) the total compensation each received from the UFC for participating in UFC bouts (i.e., the fighter’s Event Compensation) during the Class Period; and (ii) the total number of UFC bouts each fought during the Class Period. All Claimants will receive a minimum recovery amount of $15,000.”
What’s next?
Upon receiving the previous settlement proposal, Boulware denied it based on factors, including what he perceived to be a low payout, particularly given the initial asking amount by the plaintiffs.
It’s not yet known if Boulware will sign off on the new agreement. If Boulware denies the settlement and the case goes to trial, plaintiffs would need a unanimous jury verdict to win. Even with victory, the plaintiffs could be looking at years worth of appeals before seeing compensation.
Should Boulware approve this new agreement, the Johnson vs. Zuffa case will continue separately. The class in that case includes all fighters who competed in one UFC bout from July 1, 2017, to the present and seeks injunctive relief.
