W. Silva’s NSAC hearing continued once again

November 30, 2015

The Nevada State Athletic Commission continued the disciplinary hearing of former UFC fighter Wanderlei Silva after Silva’s attorney presented a consent decree which the Attorney General stated it had yet to review.  The hearing stems from last year’s NSAC punishment that was subsequently overturned by a state court this past May.

Silva’s attorney Ross Goodman had appealed the state court decision which, in part, remanded the Silva’s case back to the NSAC.

Goodman had filed an appeal with the state Supreme Court, but the appeal was dismissed due to a jurisdictional issue.  Essentially, the district court that overturned Silva’s suspension and fine ordered that the case go back before the NSAC for rehearing for appropriate discipline.  Thus, without it going back before the commission, the judgment is not final and cannot be appealed to the state Supreme Court.  The parties dismissed the appeal as reflected below.

W Silva Appeal Dismissing Appeal and Cross Appeal by JASONCRUZ206

Silva’s attorney would like the appeal the judgment but needs the NSAC to render a decision on Silva’s matter to fulfill the order by the district court.  In the alternative, Goodman presented an order which, according to MMA Junkie, states that Silva did not commit any wrongdoing when he did not submit to a drug test in leading up to UFC 175.

The next athletic commission hearing is December 17th.

Payout Perspective:

In addition to this legal wrangling, Silva is being sued by the UFC for defamation.  It will be interesting to see how much this case will extend as we are over a year into this.  Silva’s attorney still contend that he was not subject to NSAC jurisdiction which makes whatever the commission rules seemingly mute as they will likely appeal.  Of course, it does seem that Silva’s counsel will make an attempt to resolve the matter short of an appeal.  This would be the most cost-efficient way to handle it if the commission is willing.  MMA Payout will keep you posted.

 

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