Mixed Martial Arts (MMA) is new to many states and is an evolving sport in many aspects. The combination of mixed martial arts being relatively new in the country and the physical nature of the sport opens a window for many legal issues to arise. There are two areas of law that we at MMA Fantasy Sports Alliance want to focus on. Consisting of the U.S. Trademark Law under the Lanham Act pertaining to the Mixed Martial Arts Industry, and the potential legal issues regarding the healthy well being of the fighters we will be promoting at our venue. These two areas of law within the sport are two of the aspects that could cripple a promoters business, and need to be addressed in order to be successful.
As mentioned earlier, the gladiator style
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of sport in mixed martial arts could bring multiple legal suits to our doorstep if we aren’t prepared to handle the risks involved. To counter these legal and safety risks, rules and requirements are put in place for all parties involved such as the fighters, staff, and promoters. In regards to the state of Maine, the rules and requirements are regulated by the Combat Sport Authority of Maine. For Instance, according to the Combat Sport Authority of Maine, fighters are expected to follow all the prohibited activities (fouls) such as: groin attacks of any kind, eye gouging, and kneeing the head of a grounded fighter. The state of Maine will provide a qualified referee for every fight 2 taking place at MMA Fantasy Sports Alliance.
MMA Fantasy Sports Alliance must have an ambulance present for every mixed martial arts contest, and provide a clear path for medical personnel to move in and out of the facility in case of an emergency. There are several key requirements that MMA Fantasy Sports Alliance has to obey in order to run smoothly without running into any liability issues.
A very recent case, Munson v. Roufusport has taken the mixed martial arts world by storm. Dennis Munson Jr. tragically died following a mma bout in Milwaukee back in 2014. This year Munson's family has filed a wrongful death lawsuit against Roufusport, the promoters of the North American Fighting Championship.The lawsuit was also filed against the referee Al Wichgers, and ringside doctor Carlos Feliciano for allegedly “failing in their duty” (1) in protecting Munson. The referee Al Wichgers disregarded several key signals that indicated that Munson was severely injured and prolonged a fight that was clearly over. Roufusport also failed at acquiring both fighters with proper headwear for the fight (2). A video obtained from Roufusport showed the ringside doctor was reluctant to help Munson when he was evidently stumbling and staggering. Even after Dennis Munson Jr. collapse (end of the last round), the medical staff’s actions were slow and negligent. He wasn’t provided oxygen or examined immediately. He was not taken to Froedtert Hospital either, which is the area's Level 1 trauma center,
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which should’ve been protocol. The negligent actions from the promoter and staff members lead to death that could have been prevented. As stated by Milwaukee Journal Sentinel writer John Diedrich “The 3 defendants were negligent and showed maliciousness and deliberate indifference."(1) Following that statement, MMA Fantasy Sports Alliance will ensure the safety of every fighter to the fullest extent. We will have additional staffing members to provide maximum security and safety. Our medical personnel will have quick access in or out of our facility, and will be held to the highest of standards in keeping our fighters as safe as physically possible. In the case of Dennis Munson, his fight was unregulated meaning there was no commissions overseeing the venue. To put it into perspective, commissions would be the role the Combat Sport Authority of Maine plays in the regulation of the sport in Maine. Without the commissions the promoter is basically putting all the liabilities on themselves and are for the most part running an underground fight. This creates a huge loophole in its own, and although the final decision is still underway, in a case like this with the added negligence the plaintiff would almost indefinitely win. Therefore, every fight taking place at MMA Fantasy Sports Alliance will be regulated. Another area of law that we want to touch on is the risk of trademark infringement within the mixed martial arts world.
Since the sport is relatively new to many states such as Maine, there lies potential trademark lawsuits hiding in the shadows. Under the Combat Sport Authority of Maine MMA Fantasy Sports Alliance is required to provide a fighting area that is at least 18 feet by 32 feet. The canvas of the fighting area must be padded with at least a one inch layer of foam padding and must be approved by the Authority. All metal parts must be covered and padded in a manner approved by the Authority to ensure none of the competitors sustain an injury due to the structure. Another conflict of interest is having a cage that isn’t the shape of an octagon. Since the Ultimate Fighting Championship (UFC) received a trademark on the octagon-shaped fighting ring back in 1998, the court ruled UFC established common law rights on the eight-sided fence as well
(2). Believe it or not there has been quite a few trademark infringement cases regarding this little aspect to the sport. For example, the case Total Fighting Alliance (TFA) v. Zuffa LLC.(UFC). Total Fighting Alliance was another promotion company within the sport that was was sued by the UFC. The owner of TFA was Todd Meacham refused to “pay $2,500 a year for a license to use the octagonal fence and mat” (2). Todd Meacham argued that he has fought in an eight-sided long long before the Ultimate Fighting Club was even an organization. Judge Dean Pregerson of the California District Court disregarded the claim and Meacham lost the lawsuit. The Judge believed that “there was persuasive evidence that the marketplace associates the UFC with the octagon” (2). Hence, if Total Fighting Alliance used the octagon ring, it might lead the public audience to believe they were watching the UFC. Judge Pregerson also established that Total Fighting Alliance had to claim being the original owner to the octagon shape within the first year of implementing it while following with the trademark process shortly after. Not years after once the UFC went about the process the right way, thus proving Total Fighting Alliance had no claim to the staple point symbol of the sport. With all that being said, instead of paying a yearly expense to license a octagon cage through the UFC, MMA Fantasy Sports Alliance plans on having our own unique cage. We plan on having a hexagon ring that still meets all the requirements from the Combat Sport Authority of Maine and will pass all inspection by the authorities. The last thing MMA Fantasy Sports Alliance wants is the UFC knocking on our door.
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
There were no concealed, unreasonably increased risks present at the time of the incident. D’Agostino graduated Massapequa High School in 2000. When the plaintiff’s injury caused, D’Agostino was 27 years old and weighed 275 pounds. When he was in high school, he wrestled for all four years, and he won some championship. On the other hand, the plaintiff was 6’2”, weighted 275. He was under age. He had many experiences of wrestling because he wrestled from 7th grade through 12th grade. Thus, they were almost in the same situation, except for their
McKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club was vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury, as the Peoria Rivermen are a subsidiary of the club. During the third period of said game, the defendant, Stephen McKichan, a goalie for the Admirals, was both injured and rend unconscious by a body-check from a Peoria player. This body-check occurred after play was stopped due to the hockey puck floating out-of-bounds. Also, the defendant player ‘s body-check had occurred after the referee had blown his whistle twice to signal the play stoppage. After the injury, the defendant’s player received a game misconduct and a suspension. The player would also go on to settle with the plaintiff out
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Yes they might get paid handsomely but the lifelong damages it causes to the boxers are overwhelming. Life expectancy goes down even more when it comes to boxing because boxers have no head protection so if they get hit in the head it will cause severe
Thus, whether or not the case for legal prohibition is determinative, many reasons have been given for moral concern about boxing. It is perfectly appropriate for those who share such moral concerns to refuse to support boxing, to urge others to refrain from supporting it, and to advocate strong reforms in the practice of boxing. (Simon, 2001, p.355)
Banning boxing is becoming an expanding topic. In England, boxing is on the verge on being banned on ethnical grounds. Ethnically, many people do not believe that it is legal to possible kill someone, intentionally. In many sport, there are chances of brain trauma, but the sole purpose of this sport is to injure someone else. Deciding at which point that brain trauma outweighs social benefit is the current argument when it comes to banning boxing. Because there is no proven, direct association between boxing and brain injuries, the argument is at a standstill in
Both conditional and unconditional logistic regression models were used to assess risk factors for injury. Accord to the “Southern Medical Journal’s Result; overall incidence rate of injury was 17.1 per 100 boxer-matches, or 3.4 per 100 boxer-rounds.” (Lipsey) The Southern Medical Journal’s also reports that facial laceration accounted for 51% of all injuries, followed by hand injury (17%), eye injury (14%). and nose injury (5%). (McCoy) Professional boxing is associated with a risk ...
is very true when dealing with a physical contact sport like hockey. There is a
As of now only two helmet companies are ASTM certified. High school rodeo shouldn’t be able to make people pay top dollar for a helmet that isn’t any better than the rest. They shouldn’t have the power to make a monopoly. They are using their power to force
"Mixed Martial Arts: Sport or Spectacle? : NPR." NPR : National Public Radio : News & Analysis, World, US, Music & Arts : NPR. 24 Aug. 2007. Web. 15 May 2011. .Website
According to an editorial in Market Wire, Mixed Martial Arts (MMA), commonly recognized as cage fighting, is the fastest growing "Sports Entertainment business in the world" (Dallas-Based Fight Company Enters the Cage). However with the recent success of the UFC (Ultimate Fighting Championship), the world’s largest and most highly recognizable MMA organization, a past dilemma has reemerged once again.
case of two fighters dying inside the cage compared to hundred ins boxing and football. So in MMA the fighters are safe and there is no reason to worry about them especially when they have a bump the size of a tennis ball on their head they just have a doctor check it out and if or she says he or she is not allowed to fight him so fighters will never get pushed over the limit and MMA will always be a safe sport just very brutal so in the end there is no worries and MMA should be allowed everywhere.
The Mr. Olympia competition is now held as a part of the Joe Weider's Olympia Fitness & Performance Weekend in Las Vegas. A major health and fitness expo along with competitions in Crossfit, powerlifting, calisthenics, martial arts, men’s and women’s model searches and Olympic weight lifting have been added to accompany the Mr. Olympia competition. At the expo many of the world’s most famous fitness models and personalities come to meet their fans and celebrate fitness