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Colt Cabana sues CM Punk


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Wow.

Honestly, this bums me out. I don't like it when long time friends have a falling out and this one now looks particularly ugly.

I tried defending their falling out in the past saying it wasn't true probably in part because I didn't want to believe Punk was that mercurial and that such long time friends would split. I was wrong ūüėē

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Venting here, but Punk is one of my favorite wrestlers and I've supported the guy for a really long time. I really don't understand the logic behind cutting out such a significant part of your life just because it's wrestling. Burn bridges with Vince and HHH, sure, but it wasn't all bad. Why turn all of those people on your, or rather, why turn on all of those people. It's really disappointing.

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Life is confusing and complicated, but there are a few certainties, among them that anyone who brags about their ‚Äúbrutal honesty‚ÄĚ is just a selfish asshole¬†who cares more about indulging their own id than treating other people decently. Also, that anyone who calls themselves a jerk, is.¬†

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Didn't Punk cut Colt out of his life for a while for some bullshit reason a couple years back?  Something about someone who had previously had Punk's number but forgot it got it from Colt?  Then Punk basically ghosted him for almost a year?

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Even still, the whole Punk is made at Colt for going to WWE show has been shot down so many times now. By Colt in particular. How it turned into something that gets repeated this much is beyond me.

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1 hour ago, The Green Meanie said:

Also unless Colt has something in writing from Punk saying he was going to pay him back, he's got a flimsy case.

Based on folks who have read the briefing - Cabana has a strong case

Or at least enough to make Punk look like the bad guy

Summary from Mike Johnson

Quote

The Chicago Sun-Times reported this afternoon that Ring of Honor Star Scott "Colt Cabana" Colton filed a lawsuit against former WWE Champion Phil "CM Punk" Brooks in Cook County Circuit Court in Illinois on 8/7 over alleged unpaid legal fees and breach of contract, stemming from the lawsuit that WWE physician Doctor Chris Amann filed against the two in regard to Punk's appearance on Cabana's Art of Wrestling podcast.

According to the Sun-Times article, Cabana's 15-page lawsuit alleges that "Brooks acted with fraud, malice and oppression toward Colton, with the deliberate intention of causing Colton harm."

Cabana is alleging that when Dr. Amann's attorneys contacted him with a cease and desist letter related to podcast, Punk told him not to respond and that his legal bills would be covered by Punk.

Although he alleges Punk told him, via text, that he would be covered financially.  However, in his lawsuit, Cabana alleges that he received an April 2016 email from Punk regarding a financial billing Punk had received from Loeb & Loeb, writing:

"To date I have spent $513,736 dollars on this Amman lawsuit.  My outstanding bill is at least 300K.  Half of all this is yours.  Divide the 513,736 by 2 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."

It has been believed for some time that there had been a personal falling out between the two over the course of the Amann lawsuit.  Based on the correspondence included in the lawsuit, that certainly appears to have been the case.

Cabana claim in the lawsuit that he was later told by Punk's attorney that he would continue to represent Cabana, even if Cabana wasn't paying the fees, as long there "is no conflict between you and Phil that prevents me from morally and ethically representing you." 

Cabana retained Loeb & Loeb until March 2017, when he claimed that he was forced to hire his own representation.  In the lawsuit, Cabana stated he was "informed and believed" that Punk caused Loeb & Loeb to withdraw as Cabana's attorney.

After their courtroom victory over Amann's lawsuit, Cabana's attorneys approached Punk, seeking payment of $200,000, the cost of Cabana's legal fees.  Punk turned that overture down, leading to Cabana's claim of breach of contract.   

Cabana is also claiming that had he not listened to Punk and just responded to the original legal claims against him, he would not now be on the hook for any "costs, expenses or losses" in regard to the Amann case.

Cabana is asking for $1 Million in punitive and exemplary damages and $200,000 (aka the cost of his representation during the Amann lawsuit) in general damages.  He is seeking a jury trial.     Obviously, Punk has not yet responded to the lawsuit.

 

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What am I missing here?  I'm not seeing anything in the MIke Johnson article that makes me think Punk had a contract with Colt or any legally binding obligation to pay his bills.  Colt's claim that he wouldn't have any debts associated with the case if he hadn't listened to Punk is dubious, and, even if it weren't, there's probably nothing actionable there unless Punk intentionally misled him somehow.  

My read on this is that the couple broke up and now one of them wants back all the money he spent on gifts when they were dating.

It does kinda make Punk look like a jerk, but since we don't what caused the falling out, or what Colt's responsibility is in the matter - if anything - it's difficult to say.  

 

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37 minutes ago, Player One said:

What am I missing here?  I'm not seeing anything in the MIke Johnson article that makes me think Punk had a contract with Colt or any legally binding obligation to pay his bills.  Colt's claim that he wouldn't have any debts associated with the case if he hadn't listened to Punk is dubious, and, even if it weren't, there's probably nothing actionable there unless Punk intentionally misled him somehow. 

From what I understand, when Colt got severed papers to take down the podcast interview, Punk said not to worry and that he'd take care of it.  Then when they got sued, they entered an agreement where they'd have the same attorney and Punk would pay for it.

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Also - from the complaint - it appears that they were both given the opportunity to cut their losses (some sort of deal) and Punk convinced Colt not to take it

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I don't care for Colt as a personality or Punk as a person. But I feel like if I got my friend into a mess like this, I would want to pay his legal fees if II had the money. 

I do wonder why Dr.Z-Pac does not have to pay the legal fees.

I don't want to be preachy, but out legal system is a joke. If Punk and Colt were poor, they would have lost their case. Merit does not matter. 

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