A class action lawsuit was filed today against Manny Pacquiao and several of his promoters for failing to disclose the fighter's alleged shoulder injury prior to the fight. The complaint alleges fraudulent concealment and violations of Nevada's consumer fraud act. The plaintiffs allege that defendants committed deceptive trade practices when they failed to disclose a material fact in connection with the sale of goods or services.
I'm not too sure this one is going to fly. I don't think it was material whether Manny's shoulder was at full strength. If Manny was going to fight, everyone was still going to purchase the pay-per-view. But maybe if he would have disclosed the injury, the boxing commissioner would have cancelled the fight and everyone would have got their money back. I don't know.
The complaint also cites a section of the Nevada statute which prohibits "false representations" in consumer transactions. I saw other news reports today that the Nevada Athletic Commission is considering perjury charges against Pacquiao for failing to disclose the shoulder injury on a pre-fight medical questionnaire. That count may have a little more traction if Pacquiao's people did sign a document under oath. However, I still think this lawsuit fails because the general public was not privy to that medical questionnaire and could not have relied upon it when deciding to purchase the pay-per-view. As usual, I will continue to monitor this case and I will keep you apprised of any interesting developments.