A pair of judges have denied the UFC’s request to appeal class certification in its ongoing antitrust lawsuit.
In August, the lawsuit filed in 2014 by former UFC fighters seeking damages from the promotion was granted “bout class” certification in the U.S. District Court in Las Vegas. The UFC’s legal team said they anticipated the decision and planned to appeal the decision by federal judge Richard F. Boulware.
In response, the plaintiffs filed a 30-page opposition brief in September, stating the promotion’s appeal did not address “extensive evidence in support of class certification.”
In a one-page document filed Wednesday, two judges with the 9th Circuit Court of Appeals denied the appeal request from the promotion’s attorneys. The decision is a key win for the plaintiffs, who include former UFC fighters Cung Le, John Fitch, Kyle Kingsbury, and Brandon Vera, among others.
The 9th Circuit has denied the UFC’s request to appeal our class certification order! On to trial! We are making progress in court. We now need @SenMullin’s help to get us the same legal protections as boxers which allows them to compete in sport! https://t.co/7EC5lmOmAw pic.twitter.com/tnEBRJAQzJ
— Cung Le (@CungLe185) November 2, 2023
The former fighters allege the UFC suppressed fighter pay through anti-competitive tactics such as shutting out competition and controlling the market for top-level fighters from 2010-2017. They seek $811 million to $1.6 billion in damages from the Las Vegas-based promotion, which could apply to 1,200 fighters during the time period alleged in the lawsuit.
Judge Boulware previously stated he intends to make the case a priority, seeking to hold a trial in March or April 2024, a decade after the initial filing. The rejection of the UFC’s appeal means the case is one step closer to reaching trial, although there are more hurdles to be cleared.
The promotion is also dealing with another antitrust lawsuit headed by Kajan Johnson, who fought for the UFC from 2014-18. That case is similar to the one headed by Le, however, it covers fighters who competed from June 2017 to the present day.
