According to a report from Pwinsider, Colt Cabana’s lawsuit against CM Punk over unpaid legal fees from their win over WWE Dr. Chris Amann has been dismissed. PWInsider reports that Cabana’s suit was dismissed by Cook County Circuit Court judge Daniel Kubasiak in November, and that Cabana has filed a second lawsuit in its place.
Cabana’s lawsuit contended that Punk “acted with fraud, malice and oppression” toward Cabana, alleging that Punk told Cabana not to respond to Amann’s initial (pre-lawsuit) cease and desist letter and promised to pay Cabana’s legal fees, but then reneged. The judge in the case ruled that Cabana has “failed to allege that [Punk] provided an offer that was definite and certain enough to support an enforceable contract,” as well as failing to allege that Punk knowingly and intentionally deceived Cabana about paying his legal fees. Essentially, the dismissal ruled that Cabana’s specific allegations did not back up the claims of fraud.
However, since the lawsuit was not dismissed with prejudice, Cabana was allowed to refile which was done ten days later on November 26th. Cabana’s new suit claims that Punk made his statements against Amann on Cabana’s podcast knowing that WWE would likely pursue legal recourses, and that Cabana agreed to help Punk and to not cooperate with Amann in exchange for Punk handling his legal fees. Cabana is asking for $1 million in punitive and exemplary damages and $200,000 in general damages, and seeks a jury trial.
Punk has until December 28th to respond.