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The Ninth Circuit has issued an opinion on a matter of first impression in that circuit: whether a spectator disappointed by a sporting event has legal recourse against the athletes, promoters, and others associated with the event. In accordance with two other circuits and several other cases addressing similar issues, the Ninth Circuit held that such consumers suffered no legally cognizable injury, affirming the district court’s dismissal of the putative class action complaints with prejudice. In re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation, No. 17-56366 (Nov. 21, 2019).

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The matter arose out of the 2015 boxing match between Manny Pacquiao and Floyd Mayweather. The match was hyped by the media and promoted by HBO as “the biggest event in boxing history,” and “the Fight of the Century.” However, Mr. Pacquiao suffered a torn rotator cuff injury during training several weeks before the fight; this fact was not disclosed to the public. Instead, his promoter, trainer, and manager continued to make statements that Mr. Pacquiao was in great shape and prepared for the fight.

Each athlete was medically cleared to fight by the regulating body, the Nevada State Athletic Commission, prior to the event. The fight went twelve rounds, with the judges awarding Mr. Mayweather the victory by unanimous decision. However, some media outlets described the fight as boring, and after the fight, Mr. Pacquiao revealed publicly that he had not been 100% due to the injury.

Each athlete was medically cleared to fight by the regulating body, the Nevada State Athletic Commission, prior to the event. The fight went twelve rounds, with the judges awarding Mr. Mayweather the victory by unanimous decision. However, some media outlets described the fight as boring, and after the fight, Mr. Pacquiao revealed publicly that he had not been 100% due to the injury.

This is a block quote s awarding Mr. Mayweather the victory by unanimous decision. However, some media outlets described the fight as boring, and after the fight, Mr. Pacquiao revealed publicly t

Each athlete was medically cleared to fight by the regulating body, the Nevada State Athletic Commission, prior to the event. The fight went twelve rounds, with the judges awarding Mr. Mayweather the victory by unanimous decision. However, some media outlets described the fight as boring, and after the fight, Mr. Pacquiao revealed publicly that he had not been 100% due to the injury.

This is a pull quoteThe plaintiffs alleged that all defendants knew of the injury yet failed to disclose it, depriving the plaintiffs of the opportunity to make an informed purchasing decision.

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Each athlete was medically cleared to fight by the regulating body, the Nevada State Athletic Commission, prior to the event. The fight went twelve rounds, with the judges awarding Mr. Mayweather the victory by unanimous decision. However, some media outlets described the fight as boring, and after the fight, Mr. Pacquiao revealed publicly that he had not been 100% due to the injury. The plaintiffs brought putative class actions in numerous jurisdictions, primarily focused on consumer fraud allegations, against a variety of defendants. The plaintiffs named a number of people and entities associated with Mr. Pacquiao, including the promoter and his manager. The plaintiffs also named HBO, which had produced a documentary about the fight, as a defendant. Finally, the plaintiffs named Mr. Pacquiao’s opponent, Mr. Mayweather, as well as Mr. Mayweather’s promotions company, Mayweather Promotions, on the grounds that they allegedly had a “mole” in the camp and therefore knew of the injury. The plaintiffs alleged that all defendants knew of the injury yet failed to disclose it, depriving the plaintiffs of the opportunity to make an informed purchasing decision. The plaintiffs contended that they were led to believe that “they were purchasing the right to see a contest between healthy athletes in peak physical condition and not suffering from any disability or serious injury.”

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More than 40 putative class actions were consolidated as a Multi-District Litigation (“MDL”), with the Central District of California serving as the transferee court. After motion practice under Rule 12(b)(6), the district court dismissed all complaints with prejudice on the grounds that the plaintiffs suffered no cognizable injury to a legally protected interest. The plaintiffs appealed.

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