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Today on the FMB, Epsy and I talked about certain reporters saying that CM Punk is the evil heel in the backstage incident at All Out where The Elite EVPs came into his locker room, uninvited, after he said what he said at the press conference. I won't get into who is right and who is wrong here. I will stick to the facts and they are this, everyone who has reported anything on this has stated that The Young Bucks, Kenny Omega and others, including a lawyer, went into Punk's locker room uninvited after the incident took place.
My good friend Brett, who is also a lawyer, listened to our show today and sent me this:
Hey Dave, just listening to the FMB and want to add a note to the whole Brawl Out drama. You guys talked about the EVP's barging into Punk's dressing room when he didn't want ppl in there or might've been naked. Technically, legally, they committed assault. Under most state laws, here are 3 elements of assault.
1. The act was intended to cause apprehension of harmful or offensive contact; and.
2. The act indeed caused reasonable apprehension in the victim that harmful or offensive contact would occur.
3. An imminent physical gesture signifying a threat. Of course, after the EVPs committed assault, CM Punk committed BATTERY (whether that was legally defensible based on the assault is an open legal question. Just thought i'd share this info to add some context
OK, so no matter how they entered the room - uninvited, barged, stormed, sauntered slowly, did the chicken dance (I always loved the chicken dance) - if they weren't given permission, well the lawyer told you the legalese above. Was it the definition of assault? That's for others in the system to determine. But one thing is for sure, CM Punk doesn't owe those people an apology. But depending on how litigious he feels like being, they may owe him damages.
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