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Sports Management Network v. Busch

2019 U.S. Dist. LEXIS 35663 (2019)

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Sports Management Network v. Busch

United States District Court for the Eastern District of Michigan
2019 U.S. Dist. LEXIS 35663 (2019)

SC

Facts

In 2005, stock-car driver Kurt Busch (defendant) signed a representation agreement with John Caponigro and Caponigro’s firms, Sports Management Network (SMN) (plaintiff) and Frasco, Caponigro, Wineman & Scheible, PLLC (FCWS). SMN was a sports-representation agency. FCWS was a law firm. The agreement provided for sports representation and management and legal services. Caponigro was the chief executive officer of SMN, which also represented Busch’s driving team. According to SMN, in 2012, Busch and SMN entered into a modified representation agreement that was to begin in 2013 (the 2013 RA). Busch never signed the 2013 RA, but like the original contract, the 2013 RA provided for both sports representation and management and legal services. In 2016, Busch terminated his relationship with SMN and ceased making any payments under their agreement. SMN sued Busch for breach of the 2013 RA. Busch claimed that the 2013 RA, even if formed as a contract, was unenforceable under the Michigan Rules of Professional Ethics.

Rule of Law

Issue

Holding and Reasoning (Tarnow, J.)

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