CM Punk and Colt Cabana were not done fighting in legal terms even after they won their case where WWE’s Dr. Chris Amann sued them for defimation.
We previously reported that Colt Cabana took Punk to court seeking money that he says Punk owes him for legal fees. The first case was rejected, but an amended one was then filed. Now PW Insider reports CM Punk and his attorneys want to throw out the second amended lawsuit as well.
Punk’s legal team is asserting that since Cabana used “conclusory allegations” in his lawsuit which won’t hold up legally in Illinois, then the entire case should be thrown out.
This lawsuit stems from the podcast that they did years ago where Dr. Amann sued them. Once Colt Cabana received a letter demanding to take the podcast down, CM Punk told Cabana that he would be fine and they left it up. Punk also apparently promised to take care of all legal costs Cabana might rack up. At this time, Colt is asking for $200,000 in legal fees.
It is reported that “a publicly undisclosed issue between Cabana and Punk led to Punk demanding payment for Cabana’s side of the legal fees,” This is when things got really messy. Cabana wanted to find other legal representation, but Punk’s attorneys encouraged keeping both Cabana and Punk because they were afraid that Cabana might go a different route.
Punk’s attorneys are saying that Cabana doesn’t have enough proof to win a fraud case under Illinois law and he cannot “allege the facts necessary to substantiate a cause of action for breach of contract or fraud.”
They are also saying that CM Punk already spend $1 million in legal fees for himself and Colt Cabana.
At this time, Cabana’s legal representation has until January 25th to respond to the motion to dismiss the case. After that, CM Punk’s side has until February 19th as there is a “status conference” scheduled for February 20th in front of the court.