On May 6, 2015, DeNittis Osefchen, P.C., on behalf of consumers nationwide filed three class actions lawsuits in federal Courts in Nevada, New Jersey and Pennsylvania alleging that Top Rank, Inc., Mayweather Promotions, Robert Arum, Emmanuel “Manny” Pacquiao and Floyd “Money” Mayweather, Jr. were aware and failed to disclosure that Manny Pacquiao had suffered a severe rotator cuff injury in early April well before what was advertised as the Greatest Fight of the Century, effectively making him, as Manny described himself, “a one arm boxer.” The suit cites Manny Pacquiao’s sworn affidavit to the Nevada Boxing Commission a day before the fight wherein Pacquiao affirmed he had no injuries including his right arm and shoulder. However, it appears that statement was not true. The Nevada Boxing Commission is now also conducting its own investigation as well. The suits allege that the Defendants intentionally did not disclose Manny Pacquiao’s injury to the public before the fight for the simple reason that all of the Defendants wanted to maximize hundreds of millions of dollars in profits from the Match. The lawsuits seek class action status for purchasers nationwide and ask the court to order Defendants to provide refunds of the $99.99 purchase price to all of those purchasers.
The attorneys representing the plaintiffs in the lawsuits, DeNittis Osefchen P.C. of Marlton, are the same attorneys who recently filed class actions in New Jersey and Pennsylvania against Whole Foods Market over allegations that Whole Foods’ store brand plain Greek yogurt contained six times more sugar than what was listed on its label. As stated by attorney Stephen DeNittis:
“People are entitled to know what they are purchasing before they purchase it. People were expecting to purchase what was promised to be one of the greatest fights in history between two healthy professional athletes. Defendants concealed the fact that Manny Pacquiao had a severe rotator cuff injury prior to the fight rendering him, as he described himself, “a one armed fighter”. The only reason the Defendants did not disclose Pacquaio’s injury to the public was because they were most concerned with increasing profits on the fight to enable them to earn hundreds of millions of dollars. They knew if the public was aware of the injury before the fight millions of viewers would not have purchased the fight thus greatly reducing their profits. Defendants should not be allowed to profit from their dishonesty.”