The latest filing in a decade-long legal battle between a class action group of fighters and the UFC has provided insight into why dozens of former competitors for the top MMA promotion are looking to reach a settlement instead of advancing the case to a trial.
More than 50 ex-UFC talents participated in a declaration in support of a settlement which would bring an end to a high-profile antitrust case between the promotion and a large swath of talent who fought under their banner.
The deal, if approved by Nevada Judge Richard F. Boulware, would divide a settlement pool of $375 million between a class of fighters who fought in the UFC from 2010 to 2017. The agreement would put to bed a legal case that has long aimed to go after UFC’s alleged “improper strategies to dominate the market for MMA fighter services, allowing it to pay its fighters less than half as much as they otherwise would have received.”
While the settlement would easily be the biggest legal win for fighters in the sport’s history, it would stop short of the much larger financial damages that the class action group hoped to achieve in court. The Le class, which was scheduled to begin trial early next year, was looking for up to $1.6 billion in damages even before the financial terms of the verdict would be trebled under U.S. antitrust laws.
The recent fighter declarations provide a glimpse into a world where some former UFC stars continue to deal with physical and mental anguish that has long outlived the paychecks they received for competing in combat sports. It paints the picture of fighters who are in desperate need of relief and see a settlement as the best option.
‘I have been unable to maintain adequate focus to hold down an engineering job’
Shane Carwin, 49, joined the UFC roster in 2008 with an undefeated record of eight wins. He quickly fought his way up to an interim heavyweight title shot by 2010, where he stopped Frank Mir in the first round to become champ.
After back-to-back losses, dropping his title to Brock Lesnar then losing the next year to Junior dos Santos, Carwin’s career quietly came to an end. His declaration mentioned struggles with mental health since the end of his time as a fighter, leaving him bedridden and hospitalized at times.
“I fear that during my career I have suffered traumatic brain injury (TBI) and am noticing symptoms common with TBI and CTE including addiction, depression, mood swings, and irritability,” he said. “I spend days in bed suffering from bouts of paranoia, fear and anxiety. I have been hospitalized twice to treat addiction.”
Carwin mentioned that he has struggled to maintain a successful career following his MMA run, even though he went to Colorado School of Mines and obtained a degree in engineering.
“I have been unable to maintain adequate focus to hold down an engineering job,” he wrote. “I face serious challenges in meeting basic everyday expenses for food, shelter, and transportation and in basic life skills necessary to function.”
Carwin, like other declarations submitted, described the settlement money as “life-changing.”
‘My family desperately need these funds now’
A recurring theme in the declarations was an urgent need for financial relief. Some fighters acknowledged that the lawsuit was seeking a significantly higher payout than what the agreement would bring, but also mentioned how it would take even longer for that payout to arrive.
Wanderlei Silva, 48, a Pride FC legend who transitioned his success on the Japanese market into a 12-fight UFC run, specifically spoke about how he couldn’t wait much longer to receive money from the lawsuit.
“These funds would also allow me to obtain the healthcare I need and keep a roof over my head and food on my table,” he said. “The sad reality is that funds years from now may be of no use to me.”
Eight-fight UFC vet Johnny Eduardo similarly spoke of a need to receive financial relief as soon as possible.
“I do not have health insurance, and my family does not have health insurance. Without the support of our trainer, my family would have been without basic necessities including food. My family desperately need these funds now.”
$375 Million on the Line
Through the more than 50 fighters who provided statements recently, many arguments were raised as to why they would need money from a settlement. However, it all only matters to one man: Judge Boulware.
The settlement has been agreed upon by both parties but must receive a judge’s approval before being finalized.
Judge Boulware has already proven to be a skeptic of settlements, causing reason to doubt whether the current pending deal will be completed. Earlier this year, Boulware struck down an agreement that would allow UFC to settle their case against the Le group along with another class action lawsuit (Kajan Johnson et al. v. Zuffa) for the price of $335 million.
While Judge Boulware has yet to release an official reasoning for declining the deal, he expressed concern during court hearings about the financial figure being much lower than what the Le class initially was pursuing in damages.
Now with an extra $40 million and a focus on just one class action lawsuit, hundreds of fighters and MMA’s goliath promotion await word on whether a new agreement will end the biggest legal battle in the sport’s history.
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