Deoria v. State Athletic Commission

962 A.2d 697, 2008 Pa. Commw. LEXIS 615, 2008 WL 5119404
CourtCommonwealth Court of Pennsylvania
DecidedDecember 8, 2008
Docket1266 C.D. 2008, 1391 C.D. 2008
StatusPublished
Cited by2 cases

This text of 962 A.2d 697 (Deoria v. State Athletic Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deoria v. State Athletic Commission, 962 A.2d 697, 2008 Pa. Commw. LEXIS 615, 2008 WL 5119404 (Pa. Ct. App. 2008).

Opinions

OPINION BY

Senior Judge KELLEY.

In these cross appeals, James Deoria (Deoria) and Harry Joe Yorgey (Yorgey) appeal from an order of the State Athletic Commission (Commission), which modified the terms of the parties’ contract. We vacate.

This case involves a contract dispute between a professional boxer, Yorgey, and his manager, Deoria, both of whom are licensed by the Commission. On February 9, 2006, Yorgey and Deoria entered into a three-year boxer-manager contract, which was submitted to and approved by the Commission pursuant to' Section 1104 of the Boxing Act, 5 Pa.C.S. § 1104, and Section 21.1(d) of the Commission’s Professional Boxing Regulations, 58 Pa.Code § 21.1(d). The contract provides, in pertinent part:

SECOND: The Manager agrees to pay the Boxer 60% (Must be at least 55%) of all sums of money derived by him from any services that the said Boxer may render hereunder. The Manager shall be responsible for all necessary training expenses incurred by the Boxer in the performance of his duties, and further agrees and guarantees said Boxer that the said 60% of the moneys to be paid to him as above provided shall in no year during the term of his contract be less than $2,000 Dollars (Not less than $1,000).
[699]*699FIFTH: The Boxer agrees that he will not, during this contract, take part in any contest or other exhibitions, or otherwise exercise his talent in any manner or place except as directed by the Manager, and will not allow his name to be used in any commercial enterprise whatsoever without first obtaining the written permission of his Manager so to do.
NINTH: The Manager agrees to use his best efforts to secure remunerative contests and exhibitions for the Boxer.
TWELFTH: In the event of an unresolved dispute between the foresaid Boxer-Manager, the Commission may intercede in said dispute and all decisions rendered by the Commission shall be binding on both parties.

Reproduced Record (R.R.) at 1.

Approximately two years after entering into the contract, a contract dispute arose between Yorgey and Deoria over Yorgey’s career path and future fights. In January 2008, Yorgey entered into a contract with a promoter. Through the promoter, Yor-gey was presented with the opportunity to fight Jason LeHoullier in a televised match on ESPN. Yorgey wanted to take part in the bout. However, Deoria did not approve the match-up believing LeHoullier to be an unsuitable opponent for Yorgey. Deoria instead secured a fight against James Moore, which Yorgey declined. Yorgey was advised not to return to Deo-ria’s gym, where Yorgey had trained for over ten years at no cost, until they resolved their differences.

On February 21, 2008, Deoria and Yor-gey and their attorneys met with the Executive Director of the Commission, Gregory P. Sirb, to discuss the disputed contract. Sirb upheld the boxer-manager contract, finding that Deoria had used his best efforts to secure remunerative contests and exhibitions for Yorgey. By letter dated February 22, 2008, Yorgey requested a hearing before the Commission on the basis that Deoria had breached the parties’ contract. On May 7, 2008, a hearing regarding the boxer-manager contract was held before the full Commission.

Based upon the testimony and evidence presented, the Commission affirmed the decision of the Executive Director to the extent that the contract remains in effect in substantial part. However, the Commission modified the second and fifth provisions of the contract, finding it to be in the best interest of both parties to permit Yorgey to take part in any contests or exhibitions or otherwise exercise his talent without the approval of manager Deoria, so long as 15% of all fight purses is paid to Deoria under provision two of the contract. By order dated June 13, 2008, the Commission modified these two provisions of the contract and upheld the other provisions of the contract.

From this decision, Deoria and Yorgey each petitioned for review with this Court.1 Deoria objected to the Commission’s order on the ground that the Commission has no authority to amend or reform the contract between boxer and manager; in changing key terms of the contract to the detriment of Deoria, the Commission has committed an error of law. Yorgey objected on the [700]*700grounds that the contract is not valid and the Commission should have permitted Yorgey5s counsel to cross examine Deoria.2

The matters were consolidated by order dated September 22, 2008; Deoria is the designated petitioner. The parties have raised the following issues for our review:

1. Does the Commission have the authority to change key terms of a contract between a boxer and his manager?
2. Whether the Commission has jurisdiction to resolve contractual disputes between managers and boxers?
3. Whether the Commission erred by not allowing Yorgey to cross examine Deoria and examine two other witnesses.
4. Whether the Commission erred by not invalidating the Yorgey-Deoria contract.

In addition to briefing the issues raised in the petitions for review, this Court directed the parties to brief the issue of whether the Commission has jurisdiction to resolve contractual disputes between boxers and managers, which is an issue of first impression for the Court. We shall begin our discussion with the issue of jurisdiction.

Deoria asserts that the Commission has no authority under the Boxing Act to resolve contract disputes between boxers and managers. Yorgey and the Commission both argue that the Commission has the authority where the parties have voluntarily agreed to arbitrate any controversies under the contract. We agree with Deoria’s position.

The Commission is a departmental administrative commission under the Department of State with the same status under The Administrative Code of 1929 3 as other departmental administrative commissions. Section 1 of the Act of January 24, 1956, P.L. (1955) 2049, 71 P.S. § 751-6. As a statutorily created agency of the Commonwealth, the Commission has only those powers expressly conferred upon it by statute or those powers which are necessarily implied from its express powers. Demarco v. Department of Health, 40 Pa.Cmwlth. 248, 397 A.2d 61 (1979) (Administrative agencies, being creatures of the legislature, are vested only with those powers conferred by the statute or such as are necessarily implied from a grant of such powers; where authority is conferred on such an extrajudicial body, the legislative grant of power to act in any particular case must be clear.); Pennsylvania Human Relations Commission v. St. Joe Minerals Corp. Zinc Smelting Division, 476 Pa. 302, 382 A.2d 731 (1978) (The power and authority to be exercised by administrative commissions must be conferred by legislative language clear and unmistakable. A doubtful power does not exist.). An agency must act within the strict and exact limits as statutorily defined. Id.

The Commission’s powers and duties relating to the regulation of boxing [701]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marcellus Shale Coalition v. DEP, Aplts.
Supreme Court of Pennsylvania, 2023
Deoria v. State Athletic Commission
962 A.2d 697 (Commonwealth Court of Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
962 A.2d 697, 2008 Pa. Commw. LEXIS 615, 2008 WL 5119404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deoria-v-state-athletic-commission-pacommwct-2008.