MEDIA – Litigation from an energy drink company that endorsed a UFC fighter, and then claimed it was blackmailed by his management company to pay more than $100,000 for allegedly violating the endorsement agreement has been discontinued.
Vitamin Energy LLC first filed a lawsuit in the Delaware County Court of Common Pleas on Feb. 4 versus Macita Management Company, Richard Mayers, Courtney Smith, and Sims & Sims (S&S) LLC, citing counts of tortious injury, blackmail and extortion.
Defendant 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. However, the suit says 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-defendant 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, Ala., seeking $106,000 paid to Macita and Mayers.
In the lawsuit, Vitamin Energy claimed 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.
UPDATE
On July 22, plaintiff counsel Patrick Gibson filed a praecipe to discontinue and end the litigation.
Prior to discontinuance, Vitamin Energy was seeking compensatory damages in an amount in excess of arbitration limits, delay damages, punitive damages, and legal fees.
The plaintiff was represented by Patrick Gibson of Ippoliti Law Group, in Wilmington, Del.
Delaware County Court of Common Pleas case CV-2020-001228
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com