CM Punk Files Motion To Dismiss Latest Lawsuit From Colt Cabana
The legal battle between former friends CM Punk and Colt Cabana is not showing signs of going away anytime soon.
In August 2018, Cabana filed a lawsuit against Punk alleging breach of contract and fraud. That suit was dismissed but Cabana then filed another one in late December that asked for damages of at least $200,000.
Punk has responded to this latest lawsuit with a motion seeking to dismiss the second suit filed by Cabana. PWInsider reports that the motion by Punk was filed in Cook County Circuit Court in Illinois and it argues that Cabana failed to use allegations of fact in his amended lawsuit.
The motion also says that this second lawsuit by Cabana should also be dismissed because the "conclusory allegations" won't hold up legally and Cabana didn't file amended claims in the second suit. Punk also alleges that he spent over $1 million in defending himself and Cabana against WWE's doctor who sued the two.
All of this stems from a 2014 podcast hosted by Cabana in which Punk explained his exit from WWE. Punk said he was mistreated and misdiagnosed by WWE's doctor who then sought legal action against the two for disseminating damning information through the podcast.
Punk then allegedly told Cabana that his own attorneys would handle the situation. However, along the way there was a misunderstanding between the two as to who would handle Cabana's legal fees.
Cabana says he lost over $200,000 in legal fees that he thought Punk and his lawyers would cover. That led to two lawsuits against Punk, with the first being dismissed, and the subsequent motion by Punk to also dismiss the second.
Cabana's legal team has until Jan. 25 to respond to the motion. Punk would then have until Feb. 19 to reply with a status conference set for the next day.