The Doggy Bag

Everyone answers to somebody, so we, the staff at Sherdog.com, have decided to defer to our readers.

“The Doggy Bag” gives you the opportunity to speak about what’s on your mind from time to time.

Our reporters, columnists, radio hosts, and editors will chime in with our answers and thoughts, so keep the emails coming.

This week, readers weigh in on who will prevail in the Dave Herman-Bellator lawsuit, where future star Jon Jones fits in the UFC’s light heavyweight title picture and the Jon Fitch-Thiago Alves rematch at UFC 117.

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Loretta, I read your article about heavyweight Dave Herman suing Bellator Fighting Championships for breach of contract. From what you’ve read into the case, who do you think would prevail in a court of law?
-- Mike

Loretta Hunt, news editor: Thanks for the email, Mike. I’ve covered almost every major lawsuit in the sport since 2002 and there’s one thing I’ve learned from that -- that I can never tell which side the judge will rule in favor of.

In this particular case, I see merits and faults in both sides’ arguments.

In its response to Herman’s breach of contract allegation, Bellator is saying it satisfied its contractual obligations by assigning Herman’s second fight before November 2009 to Shark Fights, a Texas-based promotion. However, Bellator said it was unaware that Herman had received less money from Shark Fights for this fight than what his Bellator contract stipulated. In addition, Shark Fights’ matchmaker Brent Medley said he never spoke to anyone from Bellator at any point in his contracting Herman to face UFC legend Don Frye that September.

For all of Bellator’s claims, it doesn’t sound like they had much of a hand in producing this bout at all, which strengthens Herman’s argument that this wasn’t being considered one of his two contracted bouts with the promotion. There is an addendum in Herman’s contract that allows him to take bouts outside the Chicago-based promotion with Bellator’s written approval. It would seem to me this second bout -- that Herman and his management allegedly received written text approval to participate in -- would fall under the latter.

In Bellator’s favor and something that was discussed in greater detail by attorney Justin Klein, was the fact that Herman filed a letter with the promotion claiming they have breached his contract on Nov. 2, 2009, but had a bout lined up in Sengoku he fought in five days later. In addition, Herman filed a second letter approximately 45 days after the first, terminating his contract with Bellator, which leads me to believe his camp understood there was a 45-day cure period in the contract in which the promotion could have tried to resolve the issue. Running off to fight for another promotion instead of allowing Bellator the opportunity to right its wrong might not sit well with the judge.

Overall, I think its safe to say that the relationship between the promoter and fighter was, at the very least, strained. Luckily, relationships can be re-built in MMA.

My guess (and maybe my personal hope) is that this case never goes to trial in January 2011, where I’ve watched proceedings like this one get postponed months and months before the parties fold into a settlement of some kind or a ruling is finally handed down. I thought Herman’s career showed a spark of potential back in 2008 when he was an 16-0 heavyweight. I think Bellator could use a prospect like Herman in its tournament, kicking off on Aug. 12 in Hollywood, Fla. Who knows if a last-minute reconciliation, an injury or other dropout will finally find Herman in the situation he signed up for 21 months ago? I’ll certainly be keeping an eye on any developments as they happen.