MMA Fighting reports that Wanderlei Silva has filed a lawsuit against the Nevada State Athletic Commission. Silva claims that the commission overstepped its boundaries in issuing him a lifetime ban last year.
In addition to the ban, the NSAC issued a $70,000 fine this past September. The punishment arose out of his failure to take a drug test in lead-up to a fight with Chael Sonnen this past July. As we know, the fight never happened.
“This case encapsulates agency aggrandizement at its worst where disciplinary ation was taken against a non-licensed person,” reads the introduction of Silva’s Complaint filed by Ross Goodman in Clark County, Nevada’ District Court.
Silva’s attorney argues that the NSAC did not have jurisdiction over Silva since he was not licensed in the state of Nevada at the time officials attempted to drug test Silva. Silva’s attorney claims that the statutes which the NSAC must follow only pertain to a “licensee.”
Silva is looking for the NSAC ruling to be reversed and set aside which could the clear pathway for Silva to fight in Nevada again.
Goodman is familiar with combatting the NSAC. In April 2012, he sued the NSAC on behalf of Nick Diaz.
Court filing via MMA Fighting.
Payout Perspective:
As we indicated in December, the process for appeal of an administrative ruling is usually through filing a lawsuit seeking a “petition for review.” Still, we wonder why Silva is going through this legal process when he could work around the suspension in Nevada and still fight. Silva’s attorney makes an interesting legal argument based on the Nevada statutes which the commission must follow. We will see how the judicial system handles interpretation of these statutes and this case.
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