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Latest Update On CM Punk’s New Lawsuit

CM Punk

• Old School ECW Veteran Celebrates His Birthday

Old School ECW Veteran Masato Tanaka celebrates his 46th birthday today.

He made a name for himself in his home country Japan while wrestling for the Hardcore promotion Frontier Martial-Arts Wrestling during the 90s, but North American Old School wrestling fans mostly remember him for his time in Paul Heyman’s Extreme Championship Wrestling from 1998 until 2000.

In late 1999, he defeated Mike Awesome to become the first non-American ECW World Heavyweight Champion, but that reign only lasted a week.

HAPPY BIRTHDAY MASATO TANAKA!

• Latest Update On CM Punk’s New Lawsuit

After winning his lawsuit against WWE doctor Chris Amann, CM Punk was sued by Colt Cabana for $1.2 million for ‘breach of contract and fraud’.

Cabana noted how Punk promised to pay his legal bills from the Amann lawsuit and Punk even assured him during a text message conversation that Cabana is ‘100% covered’.

Punk wasn’t willing to fulfil this promise and sent the following email to Cabana:

“To date I have spent $513,736 dollars on this Amman [sic] lawsuit. My outstanding current bill is a t 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’s lawsuit claims the following:

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

According to the lawsuit filing, Cabana asked for $200,000 in general damages and $1 million in punitive & exemplary damages.

This lawsuit was dismissed by Judge Daniel Kubasiak of the Cook County Circuit Court in Illinois, according to PWInsider.

Punk’s lawyers responded the following to Cabana’s lawsuit on October 25th:

“At the outset, Plaintiffs Response inappropriately references allegations as “uncontested” facts, not simply in brazen mischaracterization of the record, but also apparent regard to the substantive questions of law which are the subject of Defendant’s Motion to Dismiss.

Then, building on the shaky foundation of these presumed “facts,” Plaintiff doubles down on the very arguments that demonstrate the deficient pleadings contained throughout the Complaint: first, that Defendant’s text messages to Plaintiff regarding the status of and potential response to a demand letter constituted an to pay hundreds of thousands of dollars in legal fees in a protracted litigation for defamation; second, that as consideration, in return for Defendant “offering” to pay for hundreds of thousands of dollars in legal fees, Plaintiff’ would not remove his own podcast episode for which Plaintiff, and not the Defendant, makes money; and finally, that defendant’s conduct rose to the level of fraud based on the fact that he later stopped paying for Plaintiff’s legal fees.”

The court dismissed Cabana’s lawsuit on November 26, 2018 because of the following reasons:

– Cabana failed to allege that Punk provided an offer that was definite and certain enough to support an enforceable contract.

– Cabana failed to allege that the two parties agreed Cabana would not comply with Amann’s cease & desist as consideration for Punk to pay his legal fees.

– Cabana failed to allege that Punk’s knowledge and intent in making alleged misrepresentations about paying Cabana’s legal fees.

– Cabana failed to allege Punk’s representations were part of a scheme to defraud.

– Nothing that Cabana provided to the court was a contract that could be enforced by Law.

Cabana was able to re-file the suit because the court’s dismissal was done without prejudice.

Cabana then alleged the following in his new 14 page filing:

– Punk made some statements during his podcast that he knew would result WWE to come after him legally.

– Cabana agreed to assist Punk in the legal battle with Amann in exchange for Punk covering his legal bill. As a part of this agreement, Cabana agreed not to cooperate with any demands made by Amann and this led to him and Punk being sued.

– Cabana was forced to hire his own lawyers after using Punk’s lawyers until March 2017.

– After winning the lawsuit over Amann, Cabana’s lawyers asked Punk to pay $200,000, which was the cost of Cabana’s legal fees after he split from Punk’s lawyers. Punk refused to pay this amount.

– Cabana claims that if he would have just agreed to Amann’s demands, then he would have never been involved in this lawsuit and wouldn’t have to pay any legal costs.

– Cabana is now seeking a jury trial and at least $200,000 from Punk. Punk has to respond to this new lawsuit by December 28th. A conference will be held on January 4, 2019 regarding this lawsuit and that’s where we’ll get an update regarding this case next.

PWInsider reported that Punk’s attorneys want to throw out this lawsuit as well.

Punk’s legal team noted that since Cabana used “conclusory allegations” in his lawsuit, the case can be thrown out because these allegations won’t hold up legally in Illinois.

In an update to this, Punk’s attorneys are now claiming that Cabana hasn’t been able to provide any sufficient evidence to follow through with this lawsuit:

“Plaintiff alleges zero facts regarding how it is Defendant allegedly ‘was advised and knew’ what Plaintiff claims. What facts are these allegations based on? Defendant ‘was advised’ by who? These allegations lack the specificity, particularity, and certainty required to sustain a pleading of fraud.”

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