Zuffa retains former Solicitor General for NY appeal

The legal fight in New York is not over yet. This week, the UFC announced that it has retained former U.S. Solicitor General, Paul Clement to appeal Judge Kimba Wood’s dismissal of Zuffa’s lawsuit in New York.

Via the UFC release:

The judge’s dismissal of the UFC’s case against the State of New York in March was based on a technicality, and the decision confirms the state is misapplying the law. UFC was advised by the judge to “consider filing new vagueness claims.” Wood also stated the New York Attorney General’s “recent statements that the Ban prohibits sanctioned MMA” were made “despite [the law’s] plain language to the contrary.” UFC also believes that Judge Wood erred in failing to recognize the serious First Amendment problems with the New York law.

Clement’s job as Solicitor General required him to be the representative of the federal government before the U.S. Supreme Court. He has argued over 75 cases before the U.S. Supreme Court according to his law firm bio.

If Zuffa were to appeal the judge ruling (which we should know soon), it will go to the U.S. Court of Appeals for the Second Circuit.

UPDATE:  Zuffa has filed its official Notice of Appeal to the Second Circuit.  It not only will appeal the Court’s dismissal of the vagueness claim, but the other causes of action previously dismissed.

Payout Perspective:

The retention of Clement certainly means we shall see an appeal of Judge Wood’s dismissal. It appears that the appeal will encompass not only the recent dispositive motion dismissing Zuffa’s claim that the New York law is unconstitutionally vague but also the causes of action dismissed previously by Judge Wood which includes the UFC’s argument that the New York law violates the First Amendment.

Clement has had his share of sports law cases in his past including representing the NBA during labor negotiations in 2011, NFL v. Brady (which was filed during the NFL lockout in 2011) and NCAA v. Governor of New Jersey II (regarding the fight to legalize sports gambling in New Jersey).