Ohtani seeks to dismiss lawsuit: Image abuse and “NIL” in development.

Shohei Ohtani and his agent respond to lawsuit in Hawaii

Los Angeles Dodgers star Shohei Ohtani and his agent, Nez Balelo, have requested the dismissal of a lawsuit filed last month. This accused both of causing the dismissal of a Hawaii real estate investor and broker from a luxury housing development valued at $240 million on the coast of Hapuna, on the Big Island. The lawsuit, filed on August 8 in the Hawaii Circuit Court for the First Circuit, was brought by developer Kevin J. Hayes Sr., real estate broker Tomoko Matsumoto, West Point Investment Corp., and Hapuna Estates Property Owners. They accused Ohtani and Balelo of “abuse of power,” which allegedly resulted in unlawful interference and unjust enrichment. Hayes and Matsumoto were removed from the development agreement by Kingsbarn Realty Capital, the primary owner of the joint venture. In documents filed on Sunday, Ohtani and Balelo’s lawyers argued that Hayes and Matsumoto acquired in 2023 the rights to a joint venture in which they held a minority stake. The goal was to use Ohtani’s name, image, and likeness under an endorsement agreement to market the joint venture’s real estate development at the Mauna Kea Resort. The lawyers claimed that Ohtani was “a victim of NIL violations”.

“Without the knowledge of Ohtani and his agent Nez Balelo, the plaintiffs exploited Ohtani’s name and photograph to direct traffic to a website promoting the development of the plaintiffs’ side project,” the lawyers wrote. “They engaged in this self-promotion without authorization and without paying Ohtani for that use, in a selfish and incorrect effort to take advantage of their proximity to the world’s most famous baseball player.”

Ohtani and Balelo’s Lawyers

The lawyers claimed that Hayes and Matsumoto filed the lawsuit after Balelo “did his job and protected his client by expressing a justifiable concern about this misuse and threatening to take legal action against this clear misappropriation.” They called Balelo’s actions “clearly protected speech.” In a statement issued after the filing of the lawsuit last month, Kingsbarn called the allegations “completely frivolous and without merit.” Ohtani, three-time MVP, plays for the current World Series champions, the Los Angeles Dodgers.

“Nez Balelo has always prioritized Shohei Ohtani’s best interests, including protecting his name, image, and likeness from unauthorized use,” said a lawyer for Ohtani and Balelo in a statement. “This frivolous lawsuit is a desperate attempt by the plaintiffs to distract from their countless failures and the blatant misappropriation of Mr. Ohtani’s rights.”

Ohtani and Balelo’s Lawyer

Hayes and Matsumoto’s lawyers did not immediately respond to a request for comment.