Category: Assault and Battery

WWE does an incredible segment! And it makes no legal sense at all.

I finally had the chance to see the much talked about segment of the most recent episode of Monday Night Raw, featuring Stephanie McMahon and Brie Bella. It was an incredible performance by both women. It is rare to see two women close out an episode of any professional program and these two made the most of it. In terms of entertainment, it was an A+ segment. Alas, it was a horrible lesson in the law. Continue reading “WWE does an incredible segment! And it makes no legal sense at all.”

Torts: Ted, Captain Redneck and Damages (Part 2 of 2)

It is another stiff neck and stiff back morning. While skating in a roller derby game last week I wound up going THROUGH a wooden rail. So, thanks to that and some rather physical pack play, I had what I call the “Roger Murtaugh” moment. Named after the police detective played by Danny Glover in the Lethal Weapon series who would intone at various points, “I’m getting too old for this sh**”.

Fortunately, I am not too old to write. So let us return to the topic at hand. As you will recall from our first post in this series, “Captain Redneck” Dick Murdock attacked Ted Dibiase before Dibiase’s NWA World Title match against Ric Flair. The attack left Dibiase bloody and weakened and he eventually lost his match against Flair. Murdock then attacked Dibiase after the match, putting him out of action for almost two months. (Note: Well, out of action in this country. He seemed fine in Japan).  So our question is, what damages could Ted Dibiase seek from Murdock based on the torts committed?

COMPENSATORY DAMAGES

Compensatory damages are the actual damages suffered by a party at the hands of the individual or entity who caused the harm. In this case, Dibiase has a claim against Murdock for his physical injuries. For Murdock this is where his second attack, concluding with a brainbuster on the concrete floor, can become costly. They took Dibiase away for medical care. His medical bills are obviously a concern and he should certainly have sought compensation from Murdock for his injuries. Continue reading “Torts: Ted, Captain Redneck and Damages (Part 2 of 2)”

Torts, Ted, and Captain Redneck

Tort(from Latin torquere, to twist, tortus, twisted, wrestled aside)- A private or Civil wrong or injury.- Black’s Law Dictionary

As you can tell from the definition above, pro wrestling is full of torts. From the almost constant presence of battery (an offensive touching) to assault (an incomplete battery) to tortious interference with contract (run-ins in title matches and evil managers) to hostile work environment (evil General Managers or Mr. McMahon’s ‘Kiss my Ass’ club). Of course, you very rarely see any kind of legal recourse for these offenses. That is probably because legal recourse does not sell nearly enough tickets. What we get instead is a throwback to older times and a complete disregard for law and order.

For example, let us go back to the fateful day when Ted Dibiase became a hero, Ric Flair remained Ric Flair, and Dick Murdock committed a series of torts that should have cost him a chunk of change and some jail time. Continue reading “Torts, Ted, and Captain Redneck”

(The Legal aspects of the Mr. R Angle Part III)

Welcome back. On the road today in Newport Beach for the Solo and Small Firm Summit. I always enjoy these opportunities to learn more ways to better my craft and my business. To tie it into wrestling, it is like those young wrestlers who take the time and spend the money to attend seminars by well regarded and well-traveled wrestling veterans when they can. We will have more on what we have picked up here in a later post. Let us finish off the Ted-Dibiase Mr. R issue today. In Part I, we took a look at the backstory and contract between Ted Dibiase and the not-too-mysterious Mr. R. In Part I we also examined what forms a contract and what kind of contract was formed between Dibiase and Mr. R. In Part II, we took a look at some of the problems in contracting with a masked man. Today, we finish off by looking at what Dibiase’s attorney might have argued on his behalf to negate the title change and what legal theories could be used to combat that position. Continue reading “(The Legal aspects of the Mr. R Angle Part III)”

Who is that Masked Man and why are we honoring a contract with him? (The Mr. R Angle Part II)

Greetings Grappling and Law fans. Sorry for the delay in posting part 2 of the Mr. R series. As is sometimes the case, our legal duties took precedence yesterday. But, it is a beautiful morning here at the Anderson abode, the Dragon (our Goldendoodle) is enjoying the outdoor air, I am enjoying my coffee and morning cigar (My Father Robusto) outside and it is time to get back to the series.

As you may recall, our last post in this series addressed who actually owns a championship. Having established that a champion only has a right to possession and not ownership, we have established that at the time Ted Dibiase was champion he had the right to possess the championship, subject to the will of the wrestling commission or promotion or whatever governing body was being claimed at the time.

We got that. So what does that have to do with contracts?
A great deal. In the kayfabe world of pro wrestling, champions were expected to defend their titles against worthy challengers. Though what made someone a worthy challenger was always subject to the needs of a storyline. Oddly, a great way of getting title shots was often to attack the champion or his close friend or family members. This is what I like to call “How to use assault and battery to your benefit” (a subject we will delve into more deeply at another time”). In this case, Mr. R received title shots because Dibiase was obsessed with proving he was Tommy Rich. Of course, everybody figured out it was Tommy Rich, but let us not get distracted from the story.
Continue reading “Who is that Masked Man and why are we honoring a contract with him? (The Mr. R Angle Part II)”