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Bellator
Judge denies Bellator's motion to dismiss in Eddie Alvarez suit
Apr 17, 2013 - 11:00:50 PM
Judge denies Bellator's motion to dismiss in Eddie Alvarez suit
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By: Jamie Penick, MMATorch Editor-in-Chief

Litigation between Eddie Alvarez and Bellator MMA took another step towards trial on Wednesday, as SI.com reports that a motion from Bellator to dismiss two key counts from Alvarez's counterclaim has been denied.

Alvarez's countersuit against Bellator contained allegations of tortious interference and breach of contract, which Bellator wanted dismissed outright.

At issue in the case is whether or not Bellator truly matched the offer Alvarez received from the UFC. Bellator maintains they have, and believed their right to do so negated the claims Alvarez is countering with. However, Judge Jose L. Linares would not dismiss the counts at this time.

""In deciding the instant motion to dismiss, this Court must accept allegations in Alvarez's counterclaim as true," Judge Linares explained in his written ruling. "Accepting the validity of Bellator's argument would require this Court to make a factual determination that Bellator, in fact, had a legitimate business-related justification for proposing a contract to Alvarez purporting to match the Zuffa offer. It would be inappropriate for this Court to make a factual determination at this stage."

The case will now head to the discovery phase, and if a settlement isn't reached, will move towards trial.

Penick's Analysis: Though this doesn't really say anything as to Alvarez's chances should the suit go to trial, this is still very positive for him. It could have been a big blow to what he's challenging had the court ruled against him again here, but instead things move forward. It's a slow moving process, and it unfortunately keeps him on the sidelines, but it will continue on now after this motion's denial, and hopefully things can speed up from here.

[Eddie Alvarez photo © Henry Dziekan III]

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