Colt Cabana sues CM Punk over legal fees

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Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 9th, '18, 14:01

Source: chicago.suntimes.com

After fighting together on the same side and winning a defamation lawsuit two months ago, Colt Cabana and CM Punk are now on opposite sides of a legal battle.

Cabana, whose real name is Scott Colton, is suing UFC fighter CM Punk, whose real name is Phillip Jack Brooks, for breach of contract and fraud in Cook County Circuit Court.

Cabana and Punk have close friends since their days in Chicago’s independent pro wrestling circuit.

Cabana’s lawsuit contends Punk promised to help him out with the legal bills they amassed fighting the defamation lawsuit. Cabana claims Punk told him in a text that he would be “100% covered.”

Punk has failed to keep that promise, leaving him with unpaid legal bills totaling $513,736, according to the lawsuit.

Punk asked Cabana to pay half of the legal fees, which comes out to $256,868, saying “You are on your own.”

Cabana is asking for $200,000 in general damages, along with $1 million in punitive and exemplary damages, according to the lawsuit.

The lawsuit claims “Brooks acted with fraud, malice and oppression toward Colton, with the deliberate intention of causing Colton harm.”

Cabana is the host of “The Art of Wrestling,” a podcast where he discuss issues surrounding wrestling, along having fellow pro wrestlers on the show as guests.

Punk, a former wrestler, was Cabana’s guest on an episode, where he addressed the litany of issues he had during his time with the WWE, most notably his issue with his medical treatment.

The former world champion addressed a misdiagnosis of a staph infection and wrestling in the immediate aftermath of a concussion.



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Re: Colt Cabana sues CM Punk over legal fees

Post by Bob-O » Aug 9th, '18, 14:45

What was of the cause of the falling out these guys had before the lawsuit? It was mentioned in almost every article covering the proceedings, that they were being civil and even friendly to one another at times, but I never caught what Colt did to piss off Punk...

I know Colt did some interviews or other sort of work for WWE that Punk wasn't happy about, but was that it? I know Punk holds grudges like an ex-girlfriend, but there's got to be more to it than that...
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Re: Colt Cabana sues CM Punk over legal fees

Post by Big Red Machine » Aug 9th, '18, 14:49

This is disheartening news.
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Re: Colt Cabana sues CM Punk over legal fees

Post by NWK2000 » Aug 9th, '18, 15:29

Bob-O wrote:
Aug 9th, '18, 14:45
What was of the cause of the falling out these guys had before the lawsuit? It was mentioned in almost every article covering the proceedings, that they were being civil and even friendly to one another at times, but I never caught what Colt did to piss off Punk...

I know Colt did some interviews or other sort of work for WWE that Punk wasn't happy about, but was that it? I know Punk holds grudges like an ex-girlfriend, but there's got to be more to it than that...
He did some try outs as an interview guy for NXT. I had also read somewhere that Colt resented Punk a bit because he got roped up in this bullshit.
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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 9th, '18, 16:04

NWK2000 wrote:
Aug 9th, '18, 15:29


He did some try outs as an interview guy for NXT. I had also read somewhere that Colt resented Punk a bit because he got roped up in this bullshit.
pretty much the first one was what started it all, Colt was trying out for NXT while Punk was being sued by WWE.

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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 9th, '18, 21:19

From F4WOnline

Colt Cabana (Scott Colton) has filed a lawsuit against CM Punk (Phil Brooks) over legal fees from Dr. Chris Amann's defamation suit against them.

The Chicago Sun-Times reported today that Cabana is suing Punk for breach of contract and fraud, with Cabana alleging that Punk texted him that he would be "100% covered" in the Amann suit. Cabana is seeking $200,000 in general damages and $1 million in punitive and exemplary damages.

Cabana claims that Punk's assurance that he would be covered is the reason that he didn't comply with the letter he was sent by Amann's counsel demanding that he take down the November 2014 episode of the Art of Wrestling podcast that Punk appeared on. It also demanded that Cabana issue a retraction for Punk's critical comments about the lack of care he received from Amann while in WWE.

Cabana's lawsuit states that he and Punk employed the firm Loeb & Loeb to defend them in March 2015, with their retention agreement saying that it was understood that Punk would be responsible for paying for the invoices.

The following email from Punk to Cabana in April 2016 is then included:

"To date I have spent $513,736 dollars on this Amman lawsuit. My outstanding current bill is at least 300k. Half of all this is yours. Divide the 513,736 by 2 and that is what you owe me and what I expect you to pay me. Starting now I will no longer be paying your bills. You are on your own. Whatever my bill is currently, will be cut in half, and half will be yours. If you choose to make this all ugly, that's fine too. I hope you won't, but I gave up on you doing what is right a long time ago."

Cabana notified Loeb & Loeb that he was prepared to retain separate counsel, but he says they came to an agreement for them to continue representing both Punk and Cabana with Punk covering the fees going forward. Loeb & Loeb then withdrew as Cabana's counsel in March 2017, with Cabana believing that Punk caused them to do so.

The jury ruled in favor of Punk and Cabana in the Amann trial this June. Cabana hired Carey Stein of Ashman & Stein after Loeb & Loeb withdrew from representing him. Following the trial, Cabana's counsel notified Punk's of Cabana's demand for reimbursement of approximately $200,000 in fees and net costs. Loeb & Loeb informed them that Punk refuses to do so.

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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 9th, '18, 21:21

So he sent an email when they were still mad, but then two years later they seemed on better terms and Cabana sued him over a text message.

Do text messages constitute a legal contract lawwise?

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Re: Colt Cabana sues CM Punk over legal fees

Post by KILLdozer » Aug 9th, '18, 23:09

I guess a message shows intent to pay him lol.
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Re: Colt Cabana sues CM Punk over legal fees

Post by XIV » Aug 10th, '18, 00:30

KILLdozer wrote:
Aug 9th, '18, 23:09
I guess a message shows intent to pay him lol.
Doesn’t make it a legal contract though.
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Re: Colt Cabana sues CM Punk over legal fees

Post by KILLdozer » Aug 10th, '18, 00:44

Yeah, doesn't mean it'll necessarily hold up. What am I even doing here....idc about either of these guys!
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Re: Colt Cabana sues CM Punk over legal fees

Post by Bob-O » Aug 10th, '18, 07:26

A text is proof of intent.

I can verbally threaten a coworker, but if nobody hears me do it, there's no proof. If I threaten them over a text, I will lose my job.

Had Punk NOT told Cabana he'd take care of everything, Cabana would have obviously done things differently. He doesn't have as many zeros after the first number in his bank account. On Punk's assurance, text or otherwise, Colt racked up a lawyer bill and Punk pulled out.

Is it a binding contract? No, but it's proof of intent which is enough to let the courts decide. Colt has a chance here.
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Re: Colt Cabana sues CM Punk over legal fees

Post by Big Red Machine » Aug 10th, '18, 09:26

That text makes Punk come across pretty sh*tty. It definitely gives a lot of credence to "ultra-bitter Punk has broken off all of his freindships" thing that Corey Graves was talking about.
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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 10th, '18, 10:22

Big Red Machine wrote:
Aug 10th, '18, 09:26
That text makes Punk come across pretty sh*tty. It definitely gives a lot of credence to "ultra-bitter Punk has broken off all of his freindships" thing that Corey Graves was talking about.
the text or the email?

the text is offering to 'cover him'

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Re: Colt Cabana sues CM Punk over legal fees

Post by Big Red Machine » Aug 10th, '18, 12:19

cero2k wrote:
Aug 10th, '18, 10:22
Big Red Machine wrote:
Aug 10th, '18, 09:26
That text makes Punk come across pretty sh*tty. It definitely gives a lot of credence to "ultra-bitter Punk has broken off all of his freindships" thing that Corey Graves was talking about.
the text or the email?

the text is offering to 'cover him'
e-mail. My bad.
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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 10th, '18, 15:24

Big Red Machine wrote:
Aug 10th, '18, 12:19
cero2k wrote:
Aug 10th, '18, 10:22


the text is offering to 'cover him'
e-mail. My bad.
what i'm kinda reading into lines here is that when things started, Punk was definitely willing to pay for Colt's expenses. When Colt flirts with WWE and Punk and him have a break up, I can totally see Punk sending that email, they're not in good terms at that point.

The two things I really want to know are (1) Who's idea was for Colt not to bring down the podcast, which is why he was sued. According to Colt during the trial, he said that it was a lawyer's bad advice, but now he's saying it was Punk's lawyer and Punk was the one who delivered the news, so why didn't Colt talk to his own lawyer? Why not sue the lawyer too?

and (2) Since when did Colt think about suing Punk? because that email is old and during the trials, Punk and Cabana seemed to be in better terms, terms I'd imagine could have led them to have a better discussion about the money if Cabana was still concerned. I just can't put Cabana past acting like a hypocrite during the trial, and being completely naive if he wasn't preparing for those two years on how to handle this situation. He HAD to consider losing to Amann and instead of being 200.000 down, he'd be 4M + 200.000 down.

I even think that it could have been better to talk Punk into counter suing Amann for the expenses.

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Re: Colt Cabana sues CM Punk over legal fees

Post by Big Red Machine » Aug 10th, '18, 15:26

cero2k wrote:
Aug 10th, '18, 15:24


I even think that it could have been better to talk Punk into counter suing Amann for the expenses.
Yeah, I'm shocked this didn't happen.
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Re: Colt Cabana sues CM Punk over legal fees

Post by Bob-O » Aug 10th, '18, 22:06

cero2k wrote:
Aug 10th, '18, 15:24
He HAD to consider losing to Amann and instead of being 200.000 down, he'd be 4M + 200.000 down.
How's that work?

Were they both being sued for 4m apiece? I never thought of that. Seems like it should have been 2 different lawsuits, Punk for slander/defamation and Colt for... publishing slander/defamation?

It just sucks it's for so much money... I'd love to hear Judge Judy cut a promo on both of them.
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Re: Colt Cabana sues CM Punk over legal fees

Post by cero2k » Aug 11th, '18, 08:36

Bob-O wrote:
Aug 10th, '18, 22:06
cero2k wrote:
Aug 10th, '18, 15:24
He HAD to consider losing to Amann and instead of being 200.000 down, he'd be 4M + 200.000 down.
How's that work?

Were they both being sued for 4m apiece? I never thought of that. Seems like it should have been 2 different lawsuits, Punk for slander/defamation and Colt for... publishing slander/defamation?

It just sucks it's for so much money... I'd love to hear Judge Judy cut a promo on both of them.
it was something weird like that, Amann was going 4M from each man + a certain amount for every listener that had heard or downloaded the show. He was gonna end with about 8M

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