MMA Junkie reports that Wanderlei Silva will appeal the Nevada State’s Athletic Commission’s lifetime ban. Silva’s lawyer filed a petition for judicial review in Clark County, Nevada on Monday.
The process for appeal of an administrative hearing ruling such as the NSAC’s, is usually through filing for judicial review in superior court. Goodman’s lawyer believes that the legal issue was not given full review by the NSAC.
Although Silva did not appear at the NSAC hearing which handed out the ban and fine, his attorney appeared to argue Silva’s case. The legal theory asserted by Silva’s lawyer was that the NSAC could not discipline him because the commission did not have jurisdiction over an unlicensed fighter. Silva was not licensed by the NSAC at the time it attempted to take a drug test from him. You may recall that Silva eluded the test which was preceding his match against Chael Sonnen at UFC 175.
Payout Perspective:
It’s interesting that Silva has decided to continue pursuit of this claim. Although it may be just to clear his name, it seems like a moot point based on Silva’s advanced age and the fact that he is likely banished forever from the UFC. Although it appears that Bellator would welcome him, due to contractual issues, he’d have to sit out for some time. Still, it’s likely Silva could work around the Nevada suspension if he wanted. According to the report, there should be a court date and briefing on the issue in the new year.
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