Conor McGregor’s attorneys have filed a lengthy motion to dismiss against major parts of the lawsuit filed earlier this year by fellow fighter Michael Chiesa.
The lawsuit stems from McGregor attacking a bus filled with fighters ahead of UFC 223 back in April in Brooklyn where Chiesa suffered injuries after a moving dolly was launched at a window and he was cut by the shards of broken glass.
Chiesa was forced to pull out of his fight a few days later against Anthony Pettis and then the former ‘Ultimate Fighter’ winner decided to take McGregor to court with a lawsuit filed for negligence, negligent infliction of emotional distress, assault and battery.
McGregor was later arrested and pled guilty to one count of disorderly conduct in the criminal case but he now faces potential civil liability for his actions that day.
In the motion to dismiss (obtained from the New York Supreme Court after being first reported by TMZ), McGregor’s attorneys argue that their client did not act with ‘outrageous’ behavior, which is an important distinction in New York civil cases when trying to prove intentional infliction of emotional distress.
“While the conduct alleged in the complaint is unquestionably inappropriate, it does not approach the rigorous standard of outrageousness as defined by New York courts, therefore further supporting the dismissal of the intentional infliction of emotional distress claim”
McGregor’s attorneys also claim that Chiesa was not specific enough with his claims of intentional infliction of emotional distress saying he did not provide ‘any specific allegations of emotional distress and contains only unsubstantiated boilerplate assertions’.
The counter to the lawsuit also states that McGregor never targeted Chiesa directly with his actions but rather the bus, which goes back to their original claims about the ‘outrageousness’ of the fighter’s behavior.
Before closing out the motion to dismiss, McGregor’s attorneys also point out Chiesa’s chosen profession as a fighter when attempting to discount his claims of emotional distress.
“Chiesa, a seasoned combat sports fighter, fails to plead any allegations containing even a scintilla of factual specificity regarding the alleged emotional distress”
The motion to dismiss seeks to eliminate the claims of ‘negligence, negligent infliction of emotional distress and intentional infliction of emotional distress’ as part of Chiesa’s lawsuit.
As of yet, no decision has been made regarding Chiesa’s lawsuit or the motion to dismiss filed on McGregor’s behalf.