The legal battle between Colt Cabana and CM Punk wages on.
According to PWInsider, Punk has filed a motion to dismiss Cabana's latest lawsuit. Cabana filed a second lawsuit against Punk in December after his first one was dismissed. Cabana's new lawsuit alleged that Punk made statements on the infamous 2014 Thanksgiving episode of Cabana's podcast the Art of Wrestling, knowing that WWE would likely come after him legally. Cabana also claimed that he agreed to help Punk in the legal battle against Amann in exchange for Punk paying his legal bill. As part of that agreement, he agreed not to cooperate with any of Amann’s demands.
Punk's motion argues that Cabana has failed to used allegations of fact in his amended lawsuit, instead standing by the type of "conclusory allegations" that won't hold up legally in Illinois and that by failing to file amended claims based around facts, his amended lawsuit should be dismissed again.
Cabana's initial lawsuit was dismissed on Nov. 26 when the court sided with Punk, determining that Cabana’s allegations did not meet the standard required by law in the State of Illinois and that he failed to show that anything Punk had done was done with deliberate intent to defraud him. The court also ruled that nothing Cabana had shown was a contract that could be enforceable by law.
Cabana's attorneys have until Jan. 25 to respond to the motion.
