Wandi sues NSAC

[Nastycrow]

Originally posted by: Jorge P
Date: January 20, 2015 at 06:44 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

http://www.mmafighting.com/2015/1/2...nevada-state-athletic-commission-claims-rogue
Portion...
NAC 467.860 states, "A licensee who violates any provision of this section is subject to disciplinary action by the Commission." In addition, NAC 467.110 reads, "The Executive Director of a Commissioner may institure disciplinary proceedings described in NRS 467.110 to 467.117...against a person who is licensed pursuant to this chapter by filing a complaint with this chapter."
"Yet," Silva's complaint says, "the NSAC refused to provide any explanation for exceeding its jurisdiction when summarily denying [Silva]'s Motion to Dismiss. This was no surprise given that the NSAC also misled the public by inserting the full text of the statute while intentionally omitting these licensure provisions. The agency acted rogue by taking action outside of the limited jurisdiction against someone who was not licensed, which requires a reversal of the NSAC's Order."
I don't know anything about case law, etc, but I've always wondered about the whole licensed thing. does the NSAC have the right to test a fighter who has not officially applied for a license? At the point of the attempted test, Wandi hadn't even signed a UFC contract for that fight.
On the other hand, Wandi had publicly stated he intended to fight and the date was scheduled. I'm looking forward to seeing how this plays out.

 

[Nastycrow]

Originally posted by: Sapper
Date: January 20, 2015 at 06:51 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

I think he may have a case here.... The question I want an answer to is... If he does win. Does the UFC give him a fight? Or do they cut him?

 

[Nastycrow]

Originally posted by: Jorge P
Date: January 20, 2015 at 06:55 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Sapper said:
I think he may have a case here.... The question I want an answer to is... If he does win. Does the UFC give him a fight? Or do they cut him?
Click to expand...
They just resigned Cro Cop. They probably give Wandi a title shot.

 

[Nastycrow]

Originally posted by: NiceGuy
Date: January 20, 2015 at 07:14 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Sapper said:
I think he may have a case here.... The question I want an answer to is... If he does win. Does the UFC give him a fight? Or do they cut him?
Click to expand...
Jorge P said:
They just resigned Cro Cop. They probably give Wandi a title shot.
Click to expand...
Wandi/Cro Cop III, the trilogy 9 years in the making that nobody wanted but don't mind watching

 

[Nastycrow]

Originally posted by: Reckin007
Date: January 20, 2015 at 08:54 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Nothing would surprise me with the NSAC anymore.

 

[Nastycrow]

Originally posted by: Spud
Date: January 21, 2015 at 04:53 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Wouldn't surprise me to see him win this, seems like a solid argument.

 

[Nastycrow]

Originally posted by: coreymb
Date: January 21, 2015 at 05:03 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

IF what he says is true, huge screw up by the ac.

 

[Nastycrow]

Originally posted by: BadassCoffee
Date: January 21, 2015 at 09:11 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Multiple time offenders don't get life time bans. Guys who submit fake urine like Thiago silva don't get lifetime bans. But wandy does for not taking an out of competition test.

 

[Nastycrow]

Originally posted by: Flound
Date: January 21, 2015 at 09:42 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

He's got a case. It's a letter of the law violation.
But it's not a slam dunk. Close, though.
There's no doubt that Wandy can't claim ignorance of expanded testing procedures. He hid, for starters.
And while the NAC is a regulatory body, it has the ability to enact its own rules without legislative approval and I'm thinking new drug testing procedures might fall under that. It may not, but the NAC can certainly advance that argument.
With demonstration that Wandy has undertaken promotion of a scheduled fight in past bouts, they'll probably say promotion means implied application.
Meh, slim, imo, but it's there.
Regardless, it's immaterial. Wendy's under a Zuffa's contract for the foreseeable and he can't promote with other orgs. Moreover, if this starts going south for the AC, they'll make the changes and block any future applications with moral turpitude and poor behaviour.
Wandy...you might win the battle, but the war, my friend, is over. That no quit, tough as nails, never say die, fearless attitude that served you well in the cage - not so useful in everyday life.
Some times, even though it sucks, you gotta take a knee.

 

[Nastycrow]

Originally posted by: Spud
Date: January 21, 2015 at 10:06 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Flound said:
He's got a case. It's a letter of the law violation.
But it's not a slam dunk. Close, though.
There's no doubt that Wandy can't claim ignorance of expanded testing procedures. He hid, for starters.
And while the NAC is a regulatory body, it has the ability to enact its own rules without legislative approval and I'm thinking new drug testing procedures might fall under that. It may not, but the NAC can certainly advance that argument.
With demonstration that Wandy has undertaken promotion of a scheduled fight in past bouts, they'll probably say promotion means implied application.
Meh, slim, imo, but it's there.
Regardless, it's immaterial. Wendy's under a Zuffa's contract for the foreseeable and he can't promote with other orgs
. Moreover, if this starts going south for the AC, they'll make the changes and block any future applications with moral turpitude and poor behaviour.
Wandy...you might win the battle, but the war, my friend, is over. That no quit, tough as nails, never say die, fearless attitude that served you well in the cage - not so useful in everyday life.
Some times, even though it sucks, you gotta take a knee.
Click to expand...
The UFC have frozen his contract because he's banned, if he's not banned presumably his contract starts up again. In which case, the UFC have to offer him fights or they're in breach of contract.

 

[Nastycrow]

Originally posted by: Flound
Date: January 21, 2015 at 10:18 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Spud said:
The UFC have frozen his contract because he's banned, if he's not banned presumably his contract starts up again. In which case, the UFC have to offer him fights or they're in breach of contract.
Click to expand...
I know.
But for the forseeable future, while this winds it way through and then the ensuing lawsuit against the UFC for its possible, potential future breach, Wandy can get drained for legal costs and easily held up for 2-3 years.
And if the AC makes changes and blocks future applications for licenses, the UFC won't be in breach. They can set up a fight and see what the Commission does...
Basically, it seems a pyrrhic victory at best.
LikevZi said, Wandys tied up for the foreseeable future.

 

[Nastycrow]

Originally posted by: grumble
Date: January 21, 2015 at 10:33 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Valid case or not, he ran because he was juicing.
Let him have his circus, he can then go back to fighting at 40+ where the remaining 2 braincells will get added to the mush that is his brain.
He can then do his barely comprehensible youtube videos in a bid to get a 3 min Globo spot as the punch drunk retard comic relief sandwiched between some real sport news.

 

[Nastycrow]

Originally posted by: Jorge P
Date: January 21, 2015 at 10:35 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

I can see some sort of compromise. A ten month or even 1 year suspension going back to the time of the infraction. That puts Wandi back in the octagon this summer. I doubt he ever tries to fight in Vegas again anyways. So he'll never go to them to get licensed. He might never fight in the U.S. again.
As long as there is a time period that expires, Wandi drops any legal action against everyone and he and the UFC can go along happily squeezing out the rest of his contract as the co-main event in Brazil and Japan.
And the NAC doesn't have to face a challenge in court about what a licensed or unlicensed fighter actually is. I'm not sure they want a court decision setting parameters or even just creating headaches.

 

[Nastycrow]

Originally posted by: Jorge P
Date: January 21, 2015 at 10:36 AM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

grumble said:
Valid case or not, he ran because he was juicing.
Let him have his circus, he can then go back to fighting at 40+ where the remaining 2 braincells will get added to the mush that is his brain.
He can then do his barely comprehensible youtube videos in a bid to get a 3 min Globo spot as the punch drunk retard comic relief sandwiched between some real sport news.
Click to expand...
LOL - that's some Wandi hate right there. I took some notes!

 

[Nastycrow]

Originally posted by: thedoop
Date: January 21, 2015 at 12:11 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

UFC should just release him and get this over with, let him fight...
The guy is a fighter, and you won't give him fights for "life"
age doesn't matter

 

[Nastycrow]

Originally posted by: Sapper
Date: January 21, 2015 at 12:22 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

thedoop said:
UFC should just release him and get this over with, let him fight...
The guy is a fighter, and you won't give him fights for "life"
age doesn't matter
Click to expand...
This has zero to do with the UFC. Even if they releases him, there isn't a state in USA that he can fight in. Sure, he could go to OneFC or even fight in Brazil.... Only OneFC would pay him close to what the UFC does. After this is sorted, I can see the UFC releasing him after one fight.

 

[Nastycrow]

Originally posted by: thedoop
Date: January 21, 2015 at 12:24 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Sapper said:
This has zero to do with the UFC. Even if they releases him, there isn't a state in USA that he can fight in. Sure, he could go to OneFC or even fight in Brazil.... Only OneFC would pay him close to what the UFC does. After this is sorted, I can see the UFC releasing him after one fight.
Click to expand...
He wanted to fight in Brazil
also I know the AC has nothing to do with the UFC, but the UFC is still holding on to his contract (which they have every right to) it just would be the kind thing to let him go if they won't use him.

 

[Nastycrow]

Originally posted by: Sapper
Date: January 21, 2015 at 12:31 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

thedoop said:
He wanted to fight in Brazil
also I know the AC has nothing to do with the UFC, but the UFC is still holding on to his contract (which they have every right to) it just would be the kind thing to let him go if they won't use him.
Click to expand...
I would be surprised if Brazil didn't uphold NSAC suspension as well. Over the last year they have really attempted to become a top AC and have molded their regs from NSAC. Asia may be his only choice, and with Ace over at OneFC they may even block him from that.
I just don't see the point of blaming the UFC for his issues.
He was the one who took a banned substance.
He was the one who ran from the test.
He was the one who lied at first about running, and taking said substance.
He was the one who didn't even attend his own hearing.
The UFC letting him go is a very small issue compared to what he has to go through right now. Not to even mention his very public fall from grace and fall off the deep end.

 

[Nastycrow]

Originally posted by: thedoop
Date: January 21, 2015 at 12:34 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Sapper said:
I would be surprised if Brazil didn't uphold NSAC suspension as well. Over the last year they have really attempted to become a top AC and have molded their regs from NSAC. Asia may be his only choice, and with Ace over at OneFC they may even block him from that.
I just don't see the point of
blaming the UFC
for his issues.
He was the one who took a banned substance.
He was the one who ran from the test.
He was the one who lied at first about running, and taking said substance.
He was the one who didn't even attend his own hearing.
The UFC letting him go is a very small issue compared to what he has to go through right now. Not to even mention his very public fall from grace and fall off the deep end.
Click to expand...
I don't see anyone blaming the UFC (even Wandy dropped the whole blaming the UFC thing and is directly blaming the AC now), again it's just the kind thing to do.
The UFC has done nothing wrong, it's all on Wandy.

 

[Nastycrow]

Originally posted by: Jorge P
Date: January 21, 2015 at 02:45 PM
Source: https://forum.mmajunkie.com/threads/wandi-sues-nsac.65243/

Sapper said:
He was the one who took a banned substance.
He was the one who ran from the test.
He was the one who lied at first about running, and taking said substance.
He was the one who didn't even attend his own hearing.
d.
Click to expand...
I agree with a lot of this. One thing that bothers me is if the NAC had any right to test him in the first place.
If they didn't, then a shitload of the responsibility is on them. The idea of someone who has no right to invade your privacy coming into your gym and asking to take samples from you is pretty f---ed up.
This is the same agency that just made public the results of a specific kind of drug test they weren't supposed to be conducting.
People still have a right to privacy. And the NAC does more this just license or not license. They results of these tests become a part of the public record. The fact that they are so very incompetent at this and over step their bounds is why it is important that fighters push back.
I thought and still kind of think that Cung probably juiced. And that's because the UFC f---ed up and put a nagging suspicion in my head that I can't shake. These groups are messing with people's lives and are doing it in an incompetent manner. That's much more egregious to me than an individual doing drugs.