FAQs
What is a class action?
A class action is a legal procedure used to efficiently prosecute a lawsuit in which a large number of people have been injured by a common act or set of actions. In a class case, one or more named plaintiffs stand-in for the entire group of similarly aggrieved persons during the course of the litigation. The class procedure allows individuals to collectively prosecute cases that would otherwise have been too expensive or inefficient to litigate individually. The fighters have filed a motion with the Court asking for the case to be certified as a class action, and the Court has indicated its intention to grant the fighters’ motion. The Court is expected to issue a formal written opinion soon.
Who are the named plaintiffs?
The named plaintiffs are former UFC fighters Cung Le, Nathan Quarry, Jon Fitch, Brandon Vera, Luis Javier Vazquez, and Kyle Kingsbury.
Which fighters are included in the class action?
In December 2020, the Court indicated its intention to certify the following class:
All persons who competed in one or more live professional UFC-promoted MMA bouts taking place or broadcast in the United States from December 16, 2010, to June 30, 2017.
Do I need to do anything to make sure that I can be included in the Class in this case?
No. If you are part of the class, you are already entitled to a share of any settlement or recovery. That is, if you competed in one or more live professional UFC-promoted MMA bouts taking place or broadcast in the United States from December 16, 2010 to June 30, 2017, you are a member of the Class. Members of the class will receive a notice informing them of their rights.
Do I need to hire a lawyer to represent my interests in this case?
No. The Court has appointed the lawyers to represent the Class, and you do not need to do anything to have your interests represented by the Class’s lawyers. You are entitled to hire your own lawyer and proceed outside of the class action. If you hire your own lawyer and opt-out of the Class, you would not be entitled to any settlement achieved by the Class case.
Does the Class definition include former UFC fighters who have since retired?
Yes. It is not necessary for a fighter to be currently competing in the UFC to fit within the class definition. As long as the fighter competed in one or more live professional UFC-promoted MMA bouts taking place or broadcast in the United States between December 16, 2010 and June 30, 2017, he/she is a member of the Class.
Does the Class definition include former UFC fighters who now compete in a different MMA promotion?
Yes. The Class definition includes former UFC fighters who now compete in different MMA promotions. If the fighter competed in one or more live professional UFC-promoted MMA bouts taking place or broadcast in the United States between December 16, 2010, and June 30, 2017, he/she is a member of the Class.
What can fighters get from the class action?
If there is a settlement or a judgment after a trial, fighters who are in the Class that the Court indicated its intention to certify (and who do not opt-out) would likely share in any money that is recovered and/or benefit from any court order that governs the UFC’s behavior regarding fighters or potential rival promoters. In addition to money, the lawsuit also aims to establish protections for future fighters by obtaining a court order that will prevent future anticompetitive conduct by the UFC that hurts fighters, such as, for example, limiting the total allowable length of exclusive fighter contracts and otherwise facilitating access to free agency.
How is a class action different from a fighters’ association or union?
This class action litigation is a lawsuit. The two sides can agree to settle. But if they don’t settle, the case against the UFC will proceed until it goes to trial or is dismissed by the judge. If the Court certifies the case as a class action, as it has indicated its intention to do, and rejects the UFC’s attempts to have the case thrown out before trial, the case will be tried on behalf of the certified bout class. If the Court’s opinion certifying the class is overturned on appeal, the case would be tried on behalf of individual fighters. The lawsuit has required the UFC to defend its contracting and other practices in court, disclose thousands of its confidential documents and give sworn deposition testimony about certain of its business practices. Organizing the fighters into an association or union are two other potential ways to improve the lot of the fighters. Each of those tactics, like the lawsuit itself, should be evaluated on its own terms. Fighters need not now choose one or the other. Each is a separate tool, with different methods, goals, potential benefits, and limitations. Importantly, however, UFC fighters are independent contractors, not employees. Generally, the law does not allow independent contractors to legally unionize. Therefore, it is unlikely that UFC fighters can form a union.
How are the class action lawyers getting paid, and how much will they get?
The lawyers will only be paid if they recover money or otherwise achieve substantial benefits for the fighters. If the Court certifies a class here, as it has indicated its intention to do, federal law and rules that govern class actions don’t allow the lawyers to take whatever fees they want. Instead, the class action lawyers must submit a public application for their fees and send a notice to class members disclosing how much they are asking for. The court overseeing the litigation will then decide what the lawyers should receive based on the work that they did, the result they achieved, and the law. Any member of the class has the right to object to the lawyers’ fee applications and to tell the Court why they disagree. The lawyers are also advancing all costs and expenses of pursuing the litigation, including paying all of the expert costs and will only get reimbursed if they win on behalf of the fighters from funds paid over by the UFC.
What are the main phases of a lawsuit?
Lawsuits generally have three main phases. One is discovery, in which each side asks for documents and information from the other side and taking deposition testimony. Extensive document discovery and testimony has been completed, including depositions of the UFC’s most senior personnel, such as Dana White. Another is motion practice, in which the two sides present written arguments to the Court regarding various issues. In motion practice, one side submits a motion, the other side submits an opposition to the motion, and the first side gets to file a reply to the opposition. The last phase is trial, which can be in front of a judge or a jury (in this case, the fighters have asked for a jury trial). If the two sides settle, or if the fighters lose on the motion phase, then there is no need for a trial (though either side can appeal if they lose at the motion phase).
How far along is the case?
The discovery phase for facts and experts is finished. The fighters’ lawyers reviewed hundreds of thousands of documents, took fifty depositions of Zuffa employees (including Dana White, Lorenzo Fertitta, and Joe Silva) and multiple third parties, and received answers to hundreds of interrogatories and requests for admission. All of the fighter plaintiffs have had their depositions taken by Zuffa. The information the fighters’ lawyers received was analyzed by their experts and presented to the Court as part of the fighters’ motion seeking class certification and Plaintiffs’ opposition to Zuffa’s summary judgment motion. Some of that evidence will also be presented at trial if there is one. The second phase, motion practice, is nearly complete. The fighters won at the motion to dismiss stage and appear to have won at the class certification stage. The Court is allowing Zuffa to refile its motion for summary judgment, having dismissed Zuffa’s earlier motions for summary judgment as premature.
How long will it take for this case to be resolved?
Fact and expert discovery have been completed ,and the judge has already ruled on most of the major motions. No date has been set for trial yet, but once the remaining motions are decided, the Court will likely set a date for trial.
What role do experts play?
Both sides in antitrust class actions such as this nearly always use one or more experts to help explain and prove their case. Proving antitrust violations can involve complicated calculations to determine, among other things: whether the conduct being challenged in the case harms competition in a way that violates the antitrust laws; whether fighters were harmed, including by being paid less for bouts or identity rights as a result of the alleged wrongdoing; and the amount of harm (or damages) the class members (here the fighters) suffered (if any) from the alleged antitrust violations. Experts in antitrust cases are typically trained economists and/or people with expertise about the issues raised in a particular lawsuit.