Last June, a Los Angeles judge finalized a ruling of $450,000 against Mosley, a former multi-time world champion who held titles across three separate weight classes, and the company he owned alongside his sister, Cerene.
The litigation was brought forth by a firm that’d hoped to use Mosley’s image to promote an MMA card ahead of Super Bowl XLIX in 2015, which saw the New England Patriots defeat the Seattle Seahawks.
The event was titled “Super Brawl,” and aimed to capitalize on the pre-Super Bowl hype. The firm behind the MMA card, Swarm Entertainment LLC, was inexperienced when it came to MMA, and so partnered with Mosley Showdown Promotions, which had previously organized such events.
According to Swarm executive Wayne Mogel, Mosley’s sister had insisted that her brother would both attend the event and allow his name and image to be used to promote Super Brawl.
But just over a year after the fight card, which took place at the Phoenix Zoo on January 30, 2015, Mosley started litigation by suing Swarm for allegedly using his name and image to promote the event without his permission.
However, Mosley’s efforts were quickly dismissed by Los Angeles Superior Court Judge David Sotelo, who ruled that the retired boxer’s participation in a promotional video for the event demonstrated his consent. In the video, Mosley states, “In a family tradition of world class combat sports — join us at the Phoenix Zoo for Super Brawl Showdown.”
In 2021, Sotelo heard evidence in a countersuit brought forth by Swarm. The court ruled that Mosley had wrongly claimed that he hadn’t consented for the use of his name and likeness in the promotion of the event.
The former boxing champion had contacted Swarm and threatened legal action a week before Super Brawl, prompting the firm to pull its advertizing.
“This court finds that when Shane falsely asserted that he had not consented to the use of his name and likeness, Shane intentionally interfered with the (agreement) between Mosley Showdown Promotions and Swarm, and with Swarm and the pay-per-view broadcaster,” the judge wrote.
At the time, Mosley’s sister was found not liable. The judge did, however, write that Cerene had ‘intentionally lied about what consent she had, and she obviously was negligent in misleading Swarm concerning Showdown’s authority to use her brother’s name and likeness’.
The judge also added, “Maybe Cerena was simply hoping that Shane’s good-natured brotherliness would save her and Showdown, that Shane would see her facing possible legal trouble so he would come save her.”
Retrial Sees Mosley’s Sister Found Liable For Misrepresentation
This year, Mosley moved for a new trial on the part of the case against him, while Swarm Entertainment LLC requested a retrial on the liability of the retired boxer’s sister.
While judge Sotelo dismissed Mosley’s motion, he ruled that Swarm had provided the required evidence to prove that corporate directors, including Cerene Mosley, are jointly liable alongside the company, Mosley Showdown Promotions.
The firm had proved that Cerene committed fraud by using false statements to draw Swarm into an agreement. Swarm previously insisted that it wouldn’t have entered a partnership with Showdown had it not been assured of Mosley’s consent for his name and image to be used.
With the decision, Cerene Mosley now faces damages of up to $280,000.
The Super Brawl event featured a few notable names. In the main event, UFC veteran Joe Stevenson fell on the wrong side of a split decision against Dominique Robinson. During his time in the Octagon, Stevenson faced the likes of Nate Diaz, Diego Sanchez, and BJ Penn.
The card also saw current UFC featherweight Kamuela Kirk in action. “The Jawaiian,” who lost to Damon Jackson this year following a victory over Makwan Amirkhani on debut, defeated Evan DeLong via submission at Super Brawl.
What do you make of the latest update to the Super Brawl case?
All quotes h/t Spectrum News