One fight deal for Fedor could be the only option

by LR 3/14/2008 7:03:00 AM
Calgary Sun

I hate this idea just as much as the fans do, but it’s definitely a possibility. MMAFightLine is reporting that Fedor and the UFC are currently discussing the possibility of a one-fight deal to take place in the Octagon:

Sources close to negotiations between the UFC and Fedor's management have informed MMAFightline.com that the two sides are currently discussing a possible one fight deal that would bring Fedor to the cage, presumably to face Randy Couture.

It is unknown whether Couture would end his lawsuit and come back to the UFC to face Fedor if the UFC were able to offer such a fight, but Couture has stated on numerous occasions that this is the only fight that makes sense at this stage of his career.

It should be noted that nothing is eminent at this point and negotiations are in the general discussion phase. If made, however, the deal would be unprecedented. The UFC is notorious for locking up fighters in long term deals and not allowing them to leave as champions. We'll have more on this story as it develops.

Many fans are a bit surprised by this turn of events, especially considering the fact that Fedor could potentially have a great run in the UFC with Nogueira currently holding the interim title. The problem that many fans forget is that Fedor has a huge problem with being bounded to any one promotion. He loves to keep his options open to fighting in Japan and close to home in Russia, and nobody seems to have an answer on how to lure him away from that.

On the other side of the argument, Fedor signing a one-fight deal kills the UFC’s chances of using him for marketing more fights and making massive revenue on his status. It could also hurt the UFC’s credibility as having such a great Heavyweight division, especially if he comes into the cage and crushes Couture. The only logical explanation is that Couture is stating this will be his last fight in mixed martial arts and Fedor will be his last opponent. If Couture loses, he went out fighting the best fighter in the world in his weight class. If he wins, there is potential for him to keep fighting or he will simply go out on top with a legacy as being one of the greats in mixed martial arts.

If Fedor happens to win, the UFC will likely try to extend Fedor’s contract, but of course, I’m sure his management team will try to stop that from happening. He’ll have some big money bouts left in Japan, unless the UFC can produce some more bouts from him in the UFC. I’m sure big Tim Sylvia would like a shot. Bottom line is that Fedor crushing Couture and then leaving the UFC on that note will make fans wonder and want to see Fedor more. It’d be a good exposure move for Fedor possibly getting more fights in the States, but it sure wouldn’t help the credibility of the UFC’s division with Nogueira having the title and Couture being manhandled.

Fedor could be a huge name in the UFC, but a one-fight deal isn’t going to allow the UFC to do so. Either way, Couture vs. Fedor could happen in the cage and it will expose Fedor to a casual fanbase that may be very impressed.

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Fedor vs. Couture: The epic saga continues

by LR 3/6/2008 5:18:00 PM

The excitement level in the world of mixed martial arts has begun to churn with the news that Fedor Emelianenko will be parting ways with M-1 Global next week. Monte Cox confirmed the possibility of M-1 Global moving on without Fedor Emelianenko earlier this week in an interview, and it seems that Apy Echteld has confirmed with ESPN Magazine that Fedor will indeed be moving on without M-1 Global.

What does this mean for M-1 Global?

First and foremost, what will happen to M-1 Global without Fedor Emelianenko behind the promotion? Probably not a whole lot will change in the vision of the promotion. For the most part, it seems that the promotion is focusing mainly on international events with a focus on Germany, Holland, and Russia at the moment. They have some ties in Japan as far as co-promoting events with other Japanese promotions, but that may have been mainly to lure Fedor into matchups to up the ratings for K-1.

This could signal the potential unraveling of M-1 Global's power. It was never actually perceived that M-1 Global could do much with their promotion without the star power that the UFC yields in each division. It was rumored that M-1 Global may be trying to put together an intriguing heavyweight division with Fedor anchoring it, but now those rumors have been squelched with the recent news.

I give M-1 Global till the end of the year before completely folding due to the small amount of talent that they can actually make coin on.

Is Fedor vs. Couture possible inside the Octagon?

According to the ESPN article, Dana White was quoted as stating he would "absolutely, 100 percent, in a heartbeat" try to create a deal to bring Fedor to the Octagon. After the year long negotiations before Fedor's signing with M-1 Global ended in Dana White pointing fingers at Fedor's management team, it now seems that the tone has changed with the potential for Fedor to make a splash in the Octagon.

The deal would also bring back appeal to the division for fighters like Arlovski and Sylvia. Arlovski's contract is up, and he will seek the money out in the free agent market, while Sylvia has one fight left, but has stated his unhappiness with the purses he has received. We could see a resurgence of talent coming toward the UFC's heavyweight division, and minds change in the process of current fighters looking to leave. All of this in order to get a shot at Fedor in the cage.

One thing is for certain... if the UFC signs Fedor Emelianenko, Randy Couture would take the fight in a heartbeat, and Zuffa could finally resolve the situation between itself and Randy Couture, protect a court from finding its contracts to be unenforceable, and get an answer to the great Fedor vs. Couture saga. The UFC stands to gain considerable financial benefits in order to put on a dream fight that should happen for MMA fans everywhere.

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HDNet's lawsuit could be huge for Couture and MMA

by LR 2/20/2008 7:29:00 AM
AF.MIL

Months ago, we mentioned the possibility of Randy Couture's promotional contract being deemed as unenforceable if it ever hit the court system. It looks like this could be the very issue that Mark Cuban was looking to key in on when he filed his lawsuit. News hit the 'Net that lawsuit revolves around the "retirement" clause in Zuffa's promotional contracts, specifically the length that the contract extends if a fighter retires. Zuffa's contracts hold the fighter to an indefinite amount of time if he retires from fighting under the Zuffa banner.

So, how can this help Couture? If the contract is deemed unenforceable due to the ridiculous amount of time that the contract locks a fighter down, it can be considered void. This would make Couture a free agent and allow HDNet's contract to become effective, and it would also get the wheels rolling on the end product of all of this; Fedor Emelianenko vs. Randy Couture.

The chances of this happening aren't as slim as you would think. Most contracts that have any type of time constraint that either involves a no-compete clause or a retirement clause usually cannot go past a certain length of time. This isn't set in stone, of course, but many lawyers will tell you that even a year no-compete clause is excessive in some instances. There are numerous accounts of no-compete clauses being deemed unenforceable for the average working man. Those clauses sometimes have 50-100 mile radius clauses attached as well that say you cannot work within 50-100 miles of your previous employer. Nearly all of those agreements are deemed unenforceable, and it would be an epic failure by the court system to say an indefinite clause in Couture's contract is enforceable. I recently read about a woman who signed a 2 year, 65 mile radius no-compete clause, which she had thrown out. It really doesn't seem that excessive when you compare it to some of the clauses that Zuffa asks of its fighters to sign, but a court found it ridiculous. It's up to the courts to determine if those standards should apply to Couture's retirement clause.

There are other concerns as well. The indefinite time period could simply be shortened to a "reasonable" time period, but would make it tough for an aging Couture to compete once it's over. Also, the severability clause states that pieces of the contract can be deemed unenforceable, but the rest of the contract would be valid.

The culmination of my points here is that the clause will be thrown out. It's almost a certainty that there is no court in America that would uphold a clause that indefinitely locks you into a contract. There are other pieces of the Zuffa contract that could come under fire such as the clause pertaining to a fighter refusing to fight which also carries an "indefinite" time period. Even the clauses in the PRIDE scandal are ridiculous. Sakakibara can't be involved in an MMA enterprise for seven years? Give me a break, Zuffa.

Another day, another lawsuit that could affect Zuffa in the big picture. What happens if the clause is thrown out and Couture is allowed out of his contract? Other fighters may begin researching their potential break from the contract as well. Zuffa has its hands full to the brim, and it's going to be an interesting few months.

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Couture won't be back in the UFC

by LR 2/7/2008 3:44:00 AM

Some more insight into the lawsuit that is revolving around UFC Heavyweight champion Randy Couture came to light in a recent MMAWeekly article by Tom Hamlin. Originally, much of the lawsuit was thought to involve the Xtreme Couture name being a part of the IFL’s upcoming season which pits camp vs. camp. It was obvious at the time that it did breach his employment contract because it was a business venture of his own that was involved in another mixed martial arts promotion that was not the UFC.

The UFC apparently has told of other violations within its contract. Couture specifically mentioned cornering Mike Pyle in his matchup at the latest Hardcore Fighting Championship card in Canada. According to the UFC, it violates a specific clause:

Amongst other charges, a lawsuit filed against Couture on Jan. 11 accuses him of breaching a series of clauses in his employment contract. By supporting Pyle, he was violating an agreement that prevented him from “promoting or producing events or programming related to unarmed combat, developing products or services related to unarmed combat, or otherwise conducting any business relating to unarmed combat.”

Couture explains that he believes that the lawsuit’s purpose is to simply cause him harm financially, enough to make him come back and fight for the organization. Unfortunately for the UFC, it sounds like Couture will never be coming back and the recent lawsuit cemented the fate that Couture won’t be back.

He also talks about the story regarding the UFC banning his clothing line, which seems to have only angered him about the entire situation. He talks about how the banning of the clothing line hurt the fighters that are sponsored only. This is most likely another ploy by the UFC to make Couture come back, but it isn’t hurting his pocketbook.

The strategies that the UFC is using seem to be unphasing to the champion. He claims that he has a good team of lawyers on the case, and he is confident that the wording in the contract will allow him to leave in July. The UFC has angered Couture, and there is certainty that he won’t be back in the UFC ever again. Everyone wanting to see Couture prove himself against Nogueira will have to dream for that fight outside the UFC, but I imagine that Fedor Emelianenko will be his last fight, if it even happens.

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Couture's Employment contract is under fire, another lawsuit likely?

by LR 1/16/2008 1:11:00 PM

Adam Swift broke some news today regarding the lawsuit filed by Zuffa against Randy Couture that essentially blamed Couture for breaching his contract. Specifically, it claims that he had a one-year non-compete clause after his resignation from his contract. Zuffa claims that he broke this clause multiple times and that his recent move to sponsor a team in the IFL was the last straw. Although Couture is not directly involved in coaching the IFL team, his name is on the team's moniker.

The lawsuit also alleges two other causes of action. Conspiracy to commit tortious acts and injurious falsehood and trade disparagement. Co-conspirators are also accussed of conspiracy to commit tortious acts and injurious falsehood and trade disparagement as well, although those people are undetermined, according to Swift.

These other charges are interesting because they allege that Couture and friends conspired to fabricate an entire web of lies that would degrade the Zuffa name. All of these lies would build a story that Couture could fall back on in the event of a lawsuit or his own lawsuit. The lies would serve as evidence of the mistreatment he received from the UFC.

Those false claims were that White and Fertitta lied to him, Zuffa paid bonuses to fighters “off the book”, Zuffa did not pay Couture a signing bonus, and that Zuffa mistreated Couture and other fighters. We know that some of these lies were dealt with at the Zuffa press conference regarding Couture's claims. Zuffa even provided check stubs that stated the payment was a signing bonus. It's hard to speculate what Zuffa has up their sleeves as far as evidence goes, but the payment evidence they presented previously is enough to blast these false statements by Couture out of the water. Zuffa may very well have a case here.

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Zuffa vs. Couture: A Landmark case for MMA?

by LR 1/15/2008 12:59:00 PM

The long awaited lawsuit that would either sink Randy Couture's aspirations of fighting Fedor Emelianenko or would expose the giant of its faulty ways. Zuffa filed a lawsuit on Monday in the Clark County District Courthouse claiming that Randy Couture made comments about the UFC and its senior management that led to “irreparable damage”. The lawsuit also outlines that Couture breached his contract.

According to the Las Vegas Review-Journal, the lawsuit will seek damages in excess of $10,000, and that the amount of both compensatory and punitive damages would be proven in trial. Zuffa will also seek an injunction on Couture that would restrain him from participating in any way in any promotion competing against the UFC.

Oddly enough, many fans feel that Couture doesn't stand a chance in this real life David vs. Goliath court battle. Zuffa has more money, more lawyers, and more power in this case. They've proven Randy wrong in the past, and have the leverage to do so again. The fact is that people have beaten the giant in the past, and this case may be no different.

Couture's no-compete clause could be an unenforceable, courts rarely force an individual to fulfill a contract, a court most likely won't be able to stop him from venturing to another country to fight, and Zuffa is probably putting themselves under the microscope rather than Couture. Inconvenience, yes... but a loss, not entirely true.

Champion's clauses

One of the more interesting topics of this case will be the terminating circumstances of his contract. Adam Swift at MMAPayout.com had this to say in his Sherdog posting back in October:

Sherdog.com has confirmed the existence of a so-called champion's clause, which provides that "if, at the expiration of the Term, Fighter is then UFC champion, the Term shall be automatically extended for a period commencing on the Termination Date and ending on the earlier of (i) one (1) year from the Termination Date; or (ii) the date on which Fighter has participated in three (3) bouts promoted by ZUFFA following the Termination Date ("Extension Term"). Any references to the Term herein shall be deemed to include a reference to the Extension Term, where applicable."

The champion's clause is the main factor here. It will extend his contract for another year. It is safe to say that Zuffa wouldn't allow Couture to fight three fights before that year is up. We all know how they deal with fighters who are nearing their contract deadline.

It is highly probable that this clause was the reason behind maintaining Couture as the current champion. By keeping him champion, he will have had his contract extended for another year, squashing hopes of Fedor vs. Couture even more.

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Can Couture escape his contract? A brief look at contract law.

by LR 1/5/2008 10:02:00 AM
Rike.com

UFC 79 wasn't only an event that provided some great matchups, but it also provided some interesting news about the Heavyweight picture. During the broadcast, it was learned that Tim Sylvia will take on Antonio "Minotauro" Nogueira for the "interim" Heavyweight title belt. Many fans that follow the sport felt that this was inevitable. Randy Couture has all but stated he only wants to fight Fedor Emelianenko, and the UFC has assured us that they are not interested in co-promoting with M-1 Global to make the fight happen. There is one question that plagues the mind as far as this situation goes. Why would the UFC create an interim title fight instead of just stripping Randy Couture of his belt completely?

The Contract Clause

The main point that is floating around is that Couture's contract most likely has a champion's clause that either extended his contract for a longer term or creates a breach of contract if he doesn't fulfull his contract as the champion. It's already perceived that declining to fight Nogueira could very well have been a breach of contract, but as Adam Swift has wrote about in the past, the clauses in the contracts sometimes extend contracts indefinitely in some of the cases in which a fighter declines a fight:

The term of the contract may also be extended indefinitely for any period when a fighter is "unable, unwilling or refuses to compete or train for a Bout for any reason whatsoever."

This clause may explain White's statement at Tuesday's news conference that he intended to offer Couture a fight against Antonio Rodrigo Nogueira later this week. If, as expected, Couture refuses the bout, Zuffa would have another ground on which to extend its agreement with Couture.

However, per another clause in the contract, Zuffa retains the right to count a fight offered and refused as fulfilling a bout under the contract. This is another example of the tremendous power the company wields in determining the effective term of its contracts. This clause could seemingly also be at issue in the Couture dispute.

This may the the exact clause that is causing Couture's contract to be extended, but then why maintain that Couture is still champion? Most likely, the champion's clause has more goodies that will hurt Couture's chances legally. What can Randy Couture actually do in court against such a contract? A question for contract law research.

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Randy Couture vs. Fedor Emelianenko: The Pendulum Swings…

by Joe Schmitt 12/19/2007 4:15:00 PM

Newsday (Source)This past weekend Randy Couture was in Dallas for “HDNet Fights: Reckless Abandon.” As a guest on the show, Couture reiterated that he was not retired from fighting, and that he had only resigned from the UFC. During the interview, Couture expressed his interest in fighting Emelianenko, and again stated that this is the only fight that makes sense for him right now. Will the UFC let Couture get away, or will they break down and bring Fedor into the Octagon?

What about Couture’s contract with the UFC?

Couture stated in the interview and post-fight press conference that his fighting contract was going to expire in July. He would be released from his employment contract in October. There is still a cloud of ambiguity surrounding the UFC and their contracts. Is it going to be significant that the UFC offered Couture a fight with Nogueira? It very well could be. If the contract is structured in such a way that Couture has to fight a certain number of times and do so in a certain time period, then he could be in breach of contract since he turned down the Nogueira fight. The UFC might have a significant bargaining chip when it comes down to the expiration of Couture’s contract. Couture stated he was going to honor the UFC’s contract and do everything he can to avoid litigation. The fact of the matter is that Randy owes the UFC two more fights, and if they offered him a fight and he turned it down; he may be violating that contract. That would be good news for the UFC who would then be able to go into a lengthy court battle with Couture, and keep him from fighting.

Will the UFC let this fight happen somewhere else?

The more I think about this from a business standpoint, the more I think the UFC will allow this fight to go on without themselves being involved. If Couture somehow manages to get out of his contract with the UFC, I think he’ll move on and fight Fedor in Japan, possibly on New Years’ Eve in 2008. While it will probably do big money overseas, it will do next to nothing here in the States.

In America, people associate MMA with the UFC. The UFC has done a great job of creating that brand recognition. In fact, most news outlets and the media call it “ultimate fighting,” not mixed-martial arts. Let’s take Fedor’s fight with Matt Lindland as an example. That fight only had 15,000 pay-per-view buys. Yes, you read that right, 15,000. Even the mediocre UFC cards do around 400,000. And, if we’ve learned anything about Couture over the past couple of months, this fight won’t come cheap. I’m anxious to see if M-1 will still have their million-dollar offer on the table.

What’s in it for M-1?

The problem for M-1 is there are a limited number of opponents out there for Fedor. Of the opponents that do exist, almost all of them lack value. Outside of Josh Barnett, who isn’t a huge draw in America, there isn’t another opponent that makes sense. Truthfully, only the hardcore MMA fans want to see that fight. That leads us to another problem for Fedor, he has no drawing power in America. If he is going to actually fight Couture, it would make the most sense for the fight to take place in Japan. Fedor is a huge draw in Japan and it would be the best place for M-1 to make money. They’re going to need to make as much money as possible considering the million-dollar payoff I alluded to earlier.

When M-1 held their first ever press conference, they said that Fedor asked for a special clause to be put into his contract. This clause would pay Couture $1 million more than what his current contract pays him in order to fight Fedor, with the winner winning an additional $1 million. It may be easy for M-1 to avoid this since Couture probably won’t be the UFC heavyweight champion anymore.

Another bonus for Fedor is the fight will take place in a ring. M-1 stated they will use a ring for their promotion, and this benefits Fedor entirely. There’s no doubt that Randy’s game plan would be to put Fedor up against the fence and try to wear him down. Using a ring negates that strategy, and is a big disadvantage for Couture.

The man they call the “Techno Giant”

Fedor is scheduled to take part in a spectacle fight on New Year’s Eve at “Yarennoka!” against Korean giant Hong Man Choi. While the Japanese fans love these spectacle fights, this could turn out to be a very stupid move for M-1. What happens if Fedor loses to the inexperienced Choi? The credibility surrounding the organization and Fedor would be completely demolished. M-1 would most certainly be over, and Fedor would probably accept a smaller offer from the UFC. This is what happens when you put a fighter you’re building an organization around in spectacle fights. This is a very high risk/low reward kind of fight.

Final Thoughts

There are still a lot of variables to consider, but the way Couture has been talking, this fight could very well happen at the end of the year. We still have to wait and see if Fedor defeats Hong Man Choi and we have to see how the Couture contract saga will play out. Do you want to see Fedor fight Couture inside the Octagon? Do you think this fight will ever happen? How big of a backlash would you expect from fans if Fedor loses to Choi?

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Couture vs. Fedor saved from being forgotten

by LR 12/17/2007 8:35:00 AM

mmapassport.com (Source)The weekend brought some good mixed martial arts action and some unexpected news from the UFC's most legendary Heavyweight fighter, Randy Couture. During an interview at the HDNet Fights event, Couture stated that his actual fight contract would expire in July of 2008 and his employment contract would expire in October of 2008. The video of the interview is here. Not only did this send the many of the MMA forums into a frenzy, but it sent many hardcore MMA fans who have wanted to see both of these fighters tangle into a giddy movement that was reminiscent of a sugar high.

The one question that should be asked, however, is whether or not that fight will actually happen. There are a number of questions that pop up into one's head when thinking about the overall situation that revolves around such a clash of two titans. The mess gets more complicated with the current state of both fighters as well. Here's a list of questions that we've batted around here for quite some time:

  1. Does M-1 sign Couture for an one-fight deal and give him a shot at Fedor? Do they have the marketing and promoting capacity to make huge dollars off of an event that is a non-UFC event in the United States?

  2. Does Dana White really let Randy Couture go out and produce one of the most intriguing matchup of the year? Does he allow M-1 to actually put that type of megafight on?

  3. Can Randy really leave his contract after October?

  4. Is there a chance that Dana White will co-promote with M-1 just to capitalize off of Randy Couture and Fedor?

All of these questions have extensive answers, but can be shortened with simple explanations. Wrapping your head around the whole situation in order to really determine who can make out the best on this sort of fight can be a serious drag on someone's afternoon. We'll take a stab at it anyways...

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Dana White speaks: Couture's possible return and the unlikely Fedor-Couture rumors

by LR 11/30/2007 8:10:00 AM

Reviewjournal.com (Source)Earlier this week, Dana White was a guest on the Dave Carmichael show, a sports talk radio show in Sacramento. According to many people in the industry, Dave has a good reputation with Dana White and has been able to get some great interviews for several years from Dana White. A few interesting little tidbits came up in the interview that would make the drama queens of the MMA fanbase go on a gossip run through the "bitches in beauty salons". Specifically, comments were made that hinted at some of the future possibilities in the UFC's heavyweight division. Let's speculate and analyze some of these rumors.

Dana White stated during the interview that he had spoken with Randy Couture as recently as the night before and that the fans should "stay tuned" for any happenings with that situation. He also mentioned that we should "never say never" when it comes to an eventual Randy Couture vs. Fedor Emelianenko showdown. Very interesting.

My first connection between both statements is the fact that in order for White to set a matchup between Randy Couture and Fedor Emelianenko in the UFC, Couture would have to once again be on the same page as the organization and his own contract. He would have to agree to actively be fighting for the organization. White didn't comment on the Couture situation, but stating that we should "never say never" in the concept of a Fedor vs. Couture showdown would mean big things in the arena of Couture's contract.

Is it possible that Dana White has offered to re-negotiate Couture's contract? If the champion was going to come back and defend his belt in the UFC, I would think so. White has also stated in the past that he has never said "No" to Randy Couture, hinting at the possibility that Couture could ask for more money or a re-negotiation. Also, this allows Couture to accept a title bout with Antonio Rodrigo Nogueira, a fight that many fans have seen as a potential danger to Couture. This sets up a lot of possibilities if Couture decides to only fight his remaining fights on his contract. There are other speculative possibilities.

Couture could potentially decide that he will retire, but Zuffa could accelerate his contract by creating the Sylvia vs. Nogueira fight for the title. Couture could loom in the background waiting for the UFC to try to "rent" Fedor Emelianenko from M-1 Global for a superfight in the UFC that would have no implications on the title picture. This same scenario could be done in any number of ways as well. We could see Couture simply fighting his two remaining fights and trying to get Fedor for a retirement fight. The possibilities are endless, but in the end, the actual probability of the fight happening is fairly low. With rumors circulating that Fedor could be fighting Barnett in Newark by early next year, surely Fedor's management will try to field offers by the UFC if they so happen to come knocking.

The one factor that is much different with the current situation is that Fedor is with an organization that has met his every demand. The only factor is a negotiation with another organization is money. We all know that the UFC has money. This may actually go down as a much smoother deal if it actually happens. Of course, the UFC runs many risks by bringing an outside fighter in to fight one fight. There are obviously reasons why Zuffa tries to not do this type of "renting" of fighters. If Fedor comes in, beats Couture, people can arguably say that the best of the best in the heavyweight division isn't in the UFC. Right now, you can make an argument that the best does sit in the UFC. Simply put, it can tone down the credibility of the strength of the division. I would disagree, but Fedor knocking off the top UFC Heavyweight fighter and having destroyed Nogueira in previous fights, we can only lay claim to Tim Sylvia being a man who could beat him.

Of course, there are many more possibilities. I won't go through every single rumor or possibility that could happen, but the mere fact that White has even hinted at the possibility that Couture could be back, and then to hint at the fact that it is possible that the UFC may try to "rent" Fedor. Very exciting stuff, although I doubt any of this will ever happen. The most probable item is the fact that Couture could come back to the Octagon. I could see that actually happening for the mere fact that we know the Zuffa details to his contract. I think Couture will try to fulfill his contract. Hopefully we will see Nogueira vs. Couture because I believe Couture is pushing himself as the greatest even though he has yet to take on the granite chin and superior grappling of Nogueira.

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