Tuesday, April 6, 2004 | 9:39 a.m.
Dean Juipe's column appears Monday, Tuesday, Wednesday and Friday. His boxing notebook appears Thursday. Reach him at [email protected] or (702) 259-4084.
Released in 1985, the movie "Brewster's Millions" followed a distinct, if offbeat, path. A man, portrayed by Richard Pryor, was faced with a deadline and the necessity of giving away $30 million as a means of acquiring an even greater inherited fortune.
The harried Pryor and his well-meaning sidekick, John Candy, succeed in the quest, but only by spending both foolishly and without restraint. It's a 2-star movie, albeit one with the staying power to still be seen regularly on TV.
Another Brewster ... a real-life one ... would undoubtedly like to be so carefree with his money. But Lamon Brewster, the professional fighter who is taking on Wladimir Klitschko Saturday at Mandalay Bay, has to keep an eye on his wallet despite the fact he'll be paid a career-best $250,000 this weekend.
He has $185,987 tied up in a lawsuit with his former promoter, Top Rank, in a case that has dragged through a calendar year without lasting resolution.
"We believe in our position," attorney Ike Lawrence Epstein said on Top Rank's behalf Monday, although he declined to expound beyond the facts of the matter.
Likewise, Top Rank vice president Todd duBoef declined to comment further "on the advice of counsel" although he is mentioned prominently throughout the filed legal papers.
Top Rank vs. Brewster isn't the first time a promoter and a former client have smacked heads in a courtroom, nor is it likely to be the last.
But it does exemplify the risks involved in promoting fighters and the potential lack of allegiance by either party when things aren't going well for the man taking the heat in the ring.
That Brewster had his contract terminated by Top Rank and that he has rebounded to get a big-money fight with Klitschko while under contract to rival promoter Don King only adds to the emotional baggage each party is carrying as the case heads to a federal appeals court.
Brewster may be a plus 700 to Klitschko's minus 1100 in the sports book at Mandalay Bay and a substantial underdog for their heavyweight fight, but he brings a "puncher's chance" into the bout. At 30 years old, he's 29-2 with 26 wins by knockout and is positioned for a financial bonanza in the event he upsets Klitschko (42-2).
It's a position Top Rank never envisioned for Brewster when it released him from his contract four years ago.
Top Rank initially signed Brewster, a slugger with some promise from Los Angeles, in 1997 and upgraded its contract with him two years later as he emerged as a heavyweight contender. But a clause in their agreement allowed Top Rank to terminate it if Brewster lost two fights, which he did in 2000 when he was beaten by both Clifford Etienne and Charles Shufford.
When Top Rank, with duBoef as courier, told Brewster on Nov. 8, 2000, that it had exercised its right to terminate the contract, Brewster's attorneys replied by seeking a severance of $90,000. (It's unclear if that severance was an entitlement spelled out in the contract or whether it was derived by some other means.)
Top Rank then reconsidered and on Jan. 26, 2001, duBoef and Brewster's manager, Sam Simon, verbally agreed to extend the contract according to papers filed in Clark County district court.
But, lo and behold, Brewster and Simon all but simultaneously entered into a contractual agreement with King that appears to have superseded the handshake deal with Top Rank.
Top Rank petitioned the American Arbitration Association for a ruling and arbitrator Deborah Rothman found in favor of Brewster, awarding him not only the $90,000 he sought but accrued interest and attorneys fees that brought the verdict to $185,987; it may yet be adjusted to an even greater sum.
Top Rank then filed suit on April 2, 2003, in district court, where Epstein -- of the Beckley Singleton law firm -- represented their interests. The case was moved to federal court at the bequest of Brewster's attorneys and both parties filed motions, Top Rank to vacate the arbitration order and Brewster to confirm the arbitrator's award.
The court recently denied Top Rank's motion and granted Brewster's application to confirm, resulting in Top Rank filing an appeal that has yet to be heard.
If Brewster ever gets the money that Top Rank would rather not pay him, his attitude toward spending freely and living high on the hog may change no matter how he fares against Klitschko.
He may act more like Richard Pryor as the fictitious Brewster with each passing day.
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