QUOTE (The Ollie Reed Fan Club @ Aug 16 2011, 08:54 PM)
Yep from what I've read it's going to court and it is serious. Manny has more than a decent chance of winning this case.
No it's not serious per se and Manny has little chance of winning his case. A lot of people don't understand what Manny will need to do to prevail in this case if it ever gets to trial. This is a civil case and Manny is the plaintiff while Floyd is the defendant. As such, Manny, not Floyd, has to prove his claim. Also, this is a defamation case involving a public figure so there's even more to be done. For discussion purposes, I'm going to us the term "Floyd" to cover all Mayweather family members involved in this matter though they have varying degrees of exposure (e.g. "power pellets" statements vs. actual mention of PEDs).
For Manny to prevail he will have to do the following:
1. Prove that Floyd's statements were false (truth is a defense)
2. Prove that Floyd knew the statements were false (honest opinion is protected)
3. Prove that Floyd knew the statements were false but made them anyway (acted out of malice)
4. If he proves 1-3 which is very unlikely and wins his claim, he will then still have to show how the defamation hurt him monetarily which could be very amusing considering he's more famous, popular and has made more money than he ever has, in and out of the ring, since Floyd's statements that supposedly defamed him.
I wouldn't read too much into the courts not tossing the case so far because they are not judging the merits of Manny claim. They are simply determining whether it meets legal guidelines and is legally sufficient to continue. Considering that Manny is a deep pocket plaintiff, it's expected that his legal team would have their i's dotted and t's crossed.
Speaking of Manny's legal team, they are blowing pr smoke with this "default judgement" nonsense. They know they are not going to get a default judgement simply because they haven't been able to arrange with Floyd's lawyers for him to be deposed yet. They would only get a default judgement from the court if Floyd and/or his representatives didn't respond to past or current filings or, if the trial was underway, Floyd and/or his representatives didn't bother to show up. Neither the former nor latter is likely.
Besides, Floyd Jr. is not the only defendant and he has reasonable reasons for not being readily available to be deposed now for a civil suit (e.g. criminal cases, training camp, fight, etc.). They could try and depose the other defendants but you don't hear about that, right? Uh huh.