Shohei Ohtani and agent seek to dismiss $240M Hawaii lawsuit claiming Dodgers superstar was “victim of NIL violations”

Shohei Ohtani is set to counter the lawsuit against him and his agent, Nez Balelo, about alleged abuse of power in getting the developer and real estate broker of the Mauna Kea Resort in Hawaii dismissed from their positions. The Los Angeles Dodgers superstar was part of the project as an endorser.

Shohei Ohtani's lawyers have claimed that Kevin J. Hayes Sr., the developer, and Tomoko Matsumoto, the real estate broker from the West Point Investment Corp. and Hapuna Estates Property Owners, had brought the Japanese superstar into the project in 2023 as part of the marketing campaign and used Ohtani's name, image, and likeness (NIL).

As claimed by his lawyers, Ohtani was a "victim of NIL violations". The plaintiffs in the original lawsuit used his NIL for a separate project unrelated to The Vista resort in Mauna Kea.

"Unbeknownst to Ohtani and his agent Nez Balelo, plaintiffs exploited Ohtani's name and photograph to drum up traffic to a website that marketed plaintiffs' own side project development," the lawyers wrote.

Hayes and Matsumoto held a minority percentage in the venture that was led by Kingsbarn Realty Capital, the majority owners. They were dropped by Kingsbarn, which prompted them to move to the Hawaii Circuit Court. Ohtani's lawyers have counter-claimed that Balelo was simply doing his job as his agent.

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

Shohei Ohtani's lawyers claim misappropriation of the allegations

The plaintiffs had also claimed that Shohei Ohtani and Nez Balelo had made threats that were unlawful in nature, quoted under statements like "torturous interference" and "unjust enrichment".

The Dodgers superstar's lawyers have dismissed those claims, stating that Balelo had threatened to move to court initially, as he was aware of the violations of the NIL. The endorsement contract also provided room for any enrichment.

"Balelo did his job and protected his client by expressing justifiable concern about this misuse and threatening to take legal action against this clear misappropriation," the lawyers wrote.

An outside distraction is not ideal for Shohei Ohtani, as the Dodgers prepare for the postseason looking to defend their World Series title.