No. 25-404

Mark Hunt v. Zuffa, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2025-10-03
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure contract-law mma-sports performance-enhancing-drugs public-policy summary-judgment
Key Terms:
Privacy
Latest Conference: 2025-12-05
Question Presented (AI Summary)

Whether the Ninth Circuit erred in affirming summary judgment on battery and fraud claims involving performance-enhancing drugs in mixed martial arts, and whether the enforcement of a prevailing-party fee provision violates public policy

Question Presented (from Petition)

Firstly, did the Ninth Circuit err in affirming summary judgment on the Petitioner's battery and aiding-and-abetting battery claims by holding that consent to a regulated mixed martial arts (MMA) bout under Nevada law extends to fighting an opponent using drugs (PEDs), contrary to Kuchta v. Heller, 466 P.3d 534 (Nev. 2020), and implicating national concerns about athlete safety in regulated sports? Secondly, did the Ninth Circuit’s affirmance of summary judgment on the Petitioner’s fraud and civil conspiracy claims, requiring more definitive evidence than Nevada’s typical “slight” evidentiary standard, create a circuit split with the First, Third, Fifth, Sixth, Seventh, and Eighth Circuits’ lenient standards for surviving summary judgment and violate the Petitioner’s Seventh Amendment right to a jury trial? Further, substantial documentary evidence exists and exceeds the lenient standards, had been referred to in the ninth circuit (9th, Cir. Nov. 20, 2025) and stipulated as indeed existing (9th. Cir. Apr, 2025). Thirdly, does the enforcement of the Promotional and Ancillary Rights Agreement’s (PARA) prevailing-party fee provision, imposing $390,605.00 in attorneys’ fees and $56,751.05 in costs, violate public policy under Nevada law by chilling meritorious litigation, raising a question of national importance about access to justice in adhesion contracts? 1 1

Docket Entries

2025-12-08
Petition DENIED.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-10-16
Waiver of right of respondent Brock Lesnar to respond filed.
2025-10-14
Waiver of Zuffa, LLC and Dana White of right to respond submitted.
2025-10-14
Waiver of right of respondent Zuffa, LLC and Dana White to respond filed.
2025-07-28
Petition for a writ of certiorari filed. (Response due November 3, 2025)

Attorneys

Brock Lesnar
David Bradley OlsenHenson & Efron, Respondent
David Bradley OlsenHenson & Efron, Respondent
Mark Hunt
Mark Hunt — Petitioner
Mark Hunt — Petitioner
Zuffa, LLC and Dana White
J. Colby WilliamsCampbell & Williams, Respondent
J. Colby WilliamsCampbell & Williams, Respondent