Thursday, March 28, 2024
EditorialCM Punk & Colt Cabana File Responses To Chris Amann’s Lawsuit -...

CM Punk & Colt Cabana File Responses To Chris Amann’s Lawsuit – The Very Latest Details Here

27 views

TRENDING

Source: Pwinsider.com

Lawyers for CM Punk and Colt Cabana have filed responses and defenses to the lawsuit filed against them by WWE doctor Chris Amann. Amann filed a defamation suit against the two in regard to Punk’s appearance on Cabana’s Art of Wrestling podcast in November of 2014, where Punk claimed that Amann had diagnoses an MRSA infection on his lower back as a “fatty deposit” and regularly acted in a way that put WWE’s business over Punk’s health.

Here is a breakdown of Punk and Cabana’s separate defenses, in which Punk says that he believes the lawsuit was filed in collaboration with WWE as revenge against him for the unfavorable things he said about the company in the podcast. He says that he is “informed and believes that [Amann] collaborated, coordinated and conspired with the WWE in bad faith to prepare, bring and pursue this lawsuit in retaliation against [Punk] and [Cabana] for the embarrassment that the Podcast caused the WWE through and as a result of Brooks’ candid and truthful discussion of various of his experiences as a WWE wrestler.” He adds that he is informed and believes that WWE helped Amann with the release of “the alleged results of a supposed investigation” into his medical information the dat after the lawsuit was filed, “which purported to support certain allegations in Plaintiff’s Complaint,” and that Amann conspired with the company to prepare and disseminate the investigation.

Punk also says in the response that Amann’s claims are “barred and precluded” as he has “engaged in misconduct and acted in bad faith with respect” to Punk personally.” He reiterates his claims that Amann has put the interests of WWE over the health of his patients (WWE talent) and that Amann has acted in ways that “compromised and tarnished his reputation, professionalism and/or integrity.”

Punk acknowledges discussing various medical issues that he experienced during his WWE tenure on the podcast but denies that he slandered Amann, saying that the podcast speaks for itself. He denies all of Amann’s claims contrary to his own and says much of what he said on the podcast are non-actionable because of the First Amendment, as they are statements of opinion and not fact such as calling Amann “lazy” and a “worthless piece of s**t.” Punk acknowledges that it was a possibility that the podcast could be discussed by other people but denies that the extent by which the podcast would be reported was reasonable foreseeable.

He also notes that some of the statements in the podcast “lack a readily understood meaning, are broad in scope and can be attributed multiple meanings by different listeners.” By example, he points out his statement that he was prescribed a Z-Pack for a concussion and broken ribs, saying that “a more reasonable and accurate interpretation would be” that Punk suffered a concussion and broken ribs but was not treated for them in any manner. He says that any references that didn’t specifically name Amann were not about him.

Punk’s response also argues that Amann has voluntarily made himself a public figure as a result of his appearances on WWE TV and podcasts, having a public Twitter handle with thousands of followers on which he promites himself, working wityh the US Olympic Committee and US Women’s Soccer team and more. It says that Amann has not suffered any damages as a result of the podcast; he still works with WWE, who has defended him, and he has not suffered economic injury.

Cabana’s response largely echoes what Punk said, with the additional arguments that Cabana’s alleged defamatory statements were largely confined to repeating Brooks’ statements or “interpretation colorful language.” It notes that Cabana challenges several of Punk’s remarks and disagrees with some statements, and as such are reactions and not defamatory on their own. He says he had reasonable cause to believe the statements and that Punk had shown him the MRSA lump and had shared with him “certain information related to medical issues.” He ntoes that Punk’s statements are consistent with his own “observations and experiences as a professional wrestler, as well as various experiences that other wrestlers had described or communicated to him over the years.”

Cabana also adds that he is protected under “Neutral Reporting Privilege,” pointing out that Punk is a “responsible and prominent individual” within the world of professional wrestling and fighting. He says the podcast was newsworthy, pointing out statements made related to “public controversies regarding the health and safety or wrestlers and other athletes, including topics related to the medical treatment and impact of concussions and other health-related problems”, noting the issues are “matters of interest” to the public and “have been widely discussed and debated by the media at large.”

The next hearing is set for October 9th. Punk and Cabana have both demanded a trial by jury.

- Advertisment -

LATEST NEWS

- Advertisment -

Related Articles