MEDIA - An energy drink company that endorsed a UFC fighter claims it was blackmailed by a management company to pay more than $100,000 for allegedly violating the endorsement agreement.
Vitamin Energy LLC filed a lawsuit on Feb. 4 in the Court of Common Pleas of Delaware County against Macita Management Company, Richard Mayers, Courtney Smith, and Sims & Sims (S&S) LLC, citing tortious injury, blackmail and extortion. Richard Mayers is the director and shareholder of Macita.
Vitamin Energy signed an endorsement agreement with UFC fighter Eryk Anders and Macita Management Company on May 25, 2018. Under the agreement, Macita was to purchase three pallets of Vitamin Energy's products and distribute them. Macita allegedly violated the agreement by failing to pay Vitamin Energy for the timely delivery of the product to Macita.
Despite Macita allegedly violating the agreement, Macita, represented by attorney Smith of S&S, sued Vitamin Energy for not paying money to Macita and Mayers on Feb. 1, 2019, in the Circuit Court of Tuscaloosa County, Alabama, seeking $106,000 paid to Macita and Mayers.
In the current lawsuit, Vitamin Energy claims the endorsement agreement did not mention anything about paying money to Macita and Mayers. Vitamin Energy claims Smith and Mayers — both alleged stakeholders of Macita — used the legal process to blackmail underserved money, and claims Macita's lawsuit caused Vitamin Energy to unnecessarily incur attorneys' fees.
Vitamin Energy LLC is seeking compensatory damages in an amount in excess of arbitration limits, delay damages, punitive damages, and legal fees. It is represented in the case by attorney Patrick Gibson of Ippolti Law Group in Wilmington, Del.