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Verdict is in.  While we wait, here are the closing arguments

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Closing Arguments of Dr. Ammans attorney

  • Plaintiffs counsel defines a Defamation Per Se case, in which plaintiff doesnt need to prove monetary damages, simply emotional distress and damages.
  • Plaintiffs counsel states Punk made false statements. These statements were then published by Cabana.
  • Plaintiffs counsel states that Punk knew the statements were false.
  • Plaintiffs counsel states that Punk made the false statements, published by Colt, and that Colt believed the the statements were false.
  • Plaintiffs counsel says Ep. 226 of Art of Wrestling contained false statements about The Lump. They say Colt published these statements, knowing they were false.
  • The testimony of Patrick Duffy is brought up, citing that Duffy is not a doctor, nor is he named Patrick Batemen (both of which are said in the podcast)
  • According to counsel, Duffy never said the cyst was baseball-sized, or remarkable in any way.
  • Counsel mentions that Duffy said possible staph infection, despite Punks statement.
  • Maybe it was, maybe it wasnt, but it was never diagnosed. -Counsel, about The Lump being staph infection.
  • Duffy never diagnosed The Lump as staph, and coded it in his treatment notes as a cyst.
  • Counsel mentions that both Duffys name or title are incorrect in Podcast statements.
  • Plaintiffs counsel say that the podcast was presented as truth.
  • The Lump was described as a baseball in podcast, but in later texts is referred to as a golfball.
  • Counsel displays a golfball, a baseball, and a quarter, as to show size disparity.
  • golfball statement is five days after the podcast.
  • Counsel asks the jury if theyd have behaved the same as Punk.
  • Counsel brings up that Punk believed that the S in MRSA stood for staph.
  • Counsel suggests that the baseball sized lump never existed.
  • Counsel calls it a false reality, like the ones Punk writes for comic books.
  • Counsel brings up the testimony of John Cone and Larry Heck is brought up.
  • Glenn Jacobss testimony, says Punk never brought up The Lump.
  • Counsel says that Punk didnt talk to other wrestlers about The Lump because there was no lump.
  • Counsel notes that texts about The Lump do not appear until after the 2014 Royal Rumble.
  • Counsel proposes that Punk was angered at Amman altering the finish to the 2014 Royal Rumble.
  • Photos of Punk at the Royal Rumble are shown.
  • Counsel brings up the testimony of April Mendez Brooks and Massage Therapist Corrine.
  • Corrines statements of seeing Punk in cold weather months is disputed, Counsel sites riding his bike around dates listed.
  • The size and color of lump is disputed.
  • Counsel describes the 2014 Royal Rumble. They state that Punk was concussed, but Ammans What do you want me to do statement from Podcast has no connection to the truth. Amman told ring attendant Mark Yeaton that Punk had a concussion, and to relay that to production staff. Everyone one testified to Gorilla Position being concerned for Punk but Punk said **** you, Im staying in. Counsel describes Punk as defiant and belligerent.
  • Counsel says Punk wanted to dazzle higher-ups at WWE, in an attempt to be involved in the main event of Wrestlemania.
  • If Punks claim of Amman asking What do you want me to do about it is true, then why would Dr. Amman tell Yeaton about concussion, other than to relay info to Gorilla Position.
  • Counsel claims that CM Punk is using the story to get back at Dr. Amman.
  • Im going to bury [Dr. Amman] text is referenced.
  • In the real world, Mr. Brookss statements do not make sense.
  • Counsel brings up Drs. Sampson & Amman treating Punk for various ailments, including chest congestion, which is what Z-Packs are known to treat.
  • Counsel says that the defense used the Z-Pack stories to inject a cloud of wrongfulness into the case.
  • No evidence that Dr. Amman prescribes antibiotics for sleeplessness.
  • To be defamatory, the statements must be relayed to a third party.
  • Counsel says the nearly 4million listens as said third party.
  • Counsel cites tweets and fan chants as people throwing the podcast back at Dr. Amman.
  • Counsel says that Punks statements make it difficult for Dr. Amman to do his job.
  • Doc in the podcast referred to the ringside physician for the 2014 Royal Rumble. Dr. Amman was the sole ringside physician at said event.
  • hostility and hate directed towards Dr. Amman, post-podcast.
  • Truth is a defense in all defamation cases, but only if the truth is substantiated, which counsel says it was not.
  • Counsel refers to The Lump as The Nodule.
  • Counsel calls Punks testimony self-serving.
  • Statements were published by Cabana, and then republished and distributed by the media.
  • The original publisher (Colt) is liable for the republication.
  • In Defamation Per Se cases, reputation only has to be damaged to the public at large.
  • Counsel brings up the Im almost sorry I was mean text, and says The truth is not mean.
  • Dr. Amman cannot even post an instagram picture of his father without receiving Z-Pack comments


Despite bring up the half-an-egg measurement, Plaintiffs counsel did not bring a half an egg to court.

  • Counsel says that Colt knew that what he saw didnt match up to what he was told.
  • Colt did not corroborate statements.
  • He purposefully avoided the truth.
  • Defamation Per Se case presumes damages.
  • Counsel says that as Dr. Amman is not as flamboyant, he doesnt try to steal the show.
  • Words hurt far more than sticks and stones.
  • Words strike at the heart, they strike at the mind, they strike at the soul.
  • Its a hurt that doesnt go away.
  • Counsel says that if there truly was a staph infection that Punk wouldve done more than go on a podcast and promote himself.
  • Counsel seeks $1 per stream of the podcast ($3.989million)
  • Counsel ends their closing arguments.

Closing arguments of CM Punks attorney

  • Burden of proof is on the plaintiffs, burden of gist is on defense.
  • Counsel says that Colt and Punk arent court reporters, they summarize.
  • Counsel says that telling stories is how people share with each other, and that storytelling methods vary from person to person.
  • People tell stories of their life differently.
  • Counsel says Punk had a plethora of medical problems in 2013.
  • Counsel shows evidence of Punk complaining of ailments multiple times
  • Defense corroborates Punks symptoms with concussion symptoms.
  • Defense mentions Punk meeting with Dr. Sampson.
  • Defense shows that WWE Medical Records are not a reliable source, as they never listed any of Punks antibiotic prescriptions
  • Texts to Dr. Amman prove that antibiotic distribution was done without restriction. Punk could get antibiotics whenever he wants.
  • Dr. Amman gave Punk antibiotics without records.
  • There are extensive records. -Dr. Amman in text. Are you kidding me? -Punks counsel
  • Text is shown where Dr. Amman says that Punk fabricated pretty much everything.
  • Counsel moves on to the concussion.
  • It was a real contact. It caused a real injury, a brain injury. -on the concussion cause by Kofi Kingston.
  • Royal Rumble response is disputed.
  • Defense says that there were no witnesses or recordings of Punks ringside conversation with Amman.
  • Defense finds the idea that there was no lump to be ridiculous.
  • Defense states that the Plaintiffs case is unclear about The Lump.
  • Corrines testimony is brought up. She is not a wrestling fan and has no reason to lie for Punk.
  • AJ and Punk being co-workers, and in contact everyday, gives context to why texts about The Lump do not appear until after the Royal Rumble.
  • Counsel does not dispute the incision and drainage, done by Duffy.
  • Counsel says Duffy prescribed antibiotics that treat staph and MRSA.
  • Defense shows how tight Punks wrestling gear is, referring to them as super spanx, and that they could compress The Lump.
  • Defense confirms that Punk changed and showered on his bus, as reason that no one saw The Lump.
  • Defense says that Punk and Cabana are trained storytellers, and wouldve been better liars if they were mythmaking as the Plaintiff states.
  • Defense calls the idea that there was no lump before Royal Rumble a farce.
  • Defense asks the jury who they believe, the very busy Dr. Amman or CM Punk?
  • Defense believes the patient will have a better memory than the doctor.
  • Defense believes that AJ wouldve been more concerned about The Lump than Punk was.
  • [Amman] had a lot on his plate, [Punk] had a lump on his butt.
  • Defense states the misrepresentation of Duffy in podcast was an honest mistake.
  • Defense compares Duffys testimony to Punks. They describe Duffy as scattered and general.
  • Defense says a cyst can be infected.
  • Did Phil believe he was lying? No.
  • Defense says that Amman came from an idyllic home of privilege and that often causes one to lose perspective and believe that any bump in the road to be a $7 million case.
  • Defense describes Dr. Ammans vanity searching as picking the scab.
  • Twitter is an open window in the kitchen
  • Defense states that Dr. Amman has no problems with co-workers, friends or patients. Dr. Amman has not sought therapy and sleeps 8 hours a night.
  • Defense says that Punk and Cabana are not to blame for the ills of Social Media.
  • Why do we care about the trolls of the world?
  • Describes wrestling events as a unique place.
  • What is your reputation worth to the Mike Litorises of the world?


Colt Cabans attorney cuts to the chase and delivers a list

  1. Episode 226 was about Punk, not Dr. Amman. Dr. Amman isnt brought up until the end.
  2. Colt never said anything defamatory about Dr. Amman.
  3. Dr. Amman is only named twice in Ep. 226.
  4. Cabana didnt doubt the truth of the statements
  5. Cabana didnt believe anything Punk said about The Lump to be false.
  6. Colt had no idea that Punk was talking about Dr. Amman.
  7. Doc is a colloquialism used for the entire WWE Medical Staff.
  8. Dr. Amman never emailed Cabana.
  9. This is struck from the record as it has to do with monetary damages, which are not factored in a Defamation Per Se case.
  10. Not one person testified that they believed the Podcast. No proof that Mike Litoriss opinion changed of Dr. Amman, just that Mr. Litoris made his opinion known on twitter.


Colts Counsel says theres no reason for Dr. Amman to bring claims against Punk & Cabana.

Rebuttal from Plaintiffs Counsel

  • Dr. Ammans license has always been in good standing.
  • Statements were repeated by more than just media trolls. Counsel cites the Washington Post.
  • HIPA is not a case.
  • It was me who wrote the complaint, counsel stating that Dr. Amman never violated HIPA as he didnt write the Cease & Desist.
  • Dr. Amman had no reason to go on The Art of Wrestling and help sell Colt t-shirts and merch.
  • Counsel says that Dr. Amman wasnt picking scabs, when googling himself on Thanksgiving. Counsel describes it as a fresh wound.
  • Counsel describes Dr. Ammans thanksgiving being a nightmare.
  • Easy to call things a joke when its not targeted at you.


Closing arguments end, Jury is instructed, Jury begins deliberation

 

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8 hours ago, bigg jay said:

And the worst part is that was probably the most winnable fight they could have made for him.

Shame on Jackson for not finishing Punk either....  It was so bad that I am thinking that Dana White paid Jackson extra to make it go 3 rounds.  Punk stiffened up so badly standing straight up in the 2nd that anyone would of been able to TKO him at that point.

Punk's fighting style reminds me of the old show that used to be on the fight network  "So you think you can fight"  where they would find regular normal people and put them in the boxing ring and they would flail around.    It also reminded me of Celebrity Boxing from back in the day.   

No way in hell has Punk dedicated himself to fighting for 2 years and come out looking that bad...

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Yep Dana even admitted that the fight should have been on fight pass. He also said at age 39, that should be a wrap for Punk.

Dana always hedges his bets though and didn't flat out says he was finished in the UFC.  It's all about money so if the buyrates were good, they probably wouldn't rule out bringing him back.

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10 hours ago, bigg jay said:

Yep Dana even admitted that the fight should have been on fight pass. He also said at age 39, that should be a wrap for Punk.

Dana always hedges his bets though and didn't flat out says he was finished in the UFC.  It's all about money so if the buyrates were good, they probably wouldn't rule out bringing him back.

I can' t see any way they can bring him back again.... 

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He shouldn't have been brought back this time either but it happened. 

The only way I can see him back is if they found another ex-wrestler to fight.  I don't know anyone who would fit the bill though (weight class, interest, big enough name, etc) so would be highly unlikely.

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6 hours ago, bigg jay said:

He shouldn't have been brought back this time either but it happened. 

The only way I can see him back is if they found another ex-wrestler to fight.  I don't know anyone who would fit the bill though (weight class, interest, big enough name, etc) so would be highly unlikely.

Jeff Hardy if he can pass a drug test? Lol....

 

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Lesnar has been asked to face the winner of the 7/7 Stipe Miocic vs. Daniel Cormier fight for the heavyweight title.  They want it for Dec 30th which means Brock would have to be back in USADA testing by June 30th.  There was speculation, based on his physique, that he was leaning that way (he looked smaller than usual).

The huge money is Brock vs Jon Jones but assuming Jones' suspension is upwards of four years, it makes it pretty impossible.  Either way, Jones would beat Brock.

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Winnipeg has its 1st potential Ultimate Fighter winner.  Brad Katona won his semifinal fight so he'll now be fighting on the live finale on July 6th. 

He's opened a lot of eyes by beating two of the top three featherweights.  It's even more impressive when you consider that he's the smallest fighter in the house and only moved up weight classes for the show.

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  • 3 weeks later...

How low the UFC has sunk... the co main event was the worst fight ever  and the next HW title match is so very one sided.      Cormier is 100 times the real wrestler that Lesnar is and he also has light years better striking.   I don't see any possible way for Lesnar to win aside from outside interference while the ref isn't watching. 

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5 hours ago, Brandon said:

How low the UFC has sunk... the co main event was the worst fight ever  and the next HW title match is so very one sided.      Cormier is 100 times the real wrestler that Lesnar is and he also has light years better striking.   I don't see any possible way for Lesnar to win aside from outside interference while the ref isn't watching. 

Well they have a very large debt and need to draw. And brock is a draw.  I don’t follow UFC that closely so I don’t know DC but brock hates being struck. So if DC is a striker brock has to take him down but if DC is also a great wrestler then he’s orobably screwed. 

For what it’s worth Brock still isn’t in USADA testing apparently and has to test clean for six months so he isn’t fighting this year. 

That might explain why the Summerslam match suddenly went “up in the air” though I’d expect they’d want him to drop the belt unless brock is sticking around til WM again. 

The fight he wanted was Jon jones. Even if brock loses he can probably lose two or three times before he stops drawing.  It’s huge money for him. 

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