Saturday, January 17, 2009

NY Court of Appeals rejects briefs by Shosholoza and French Spirit while accepts NYYC, SDYC, Bill Koch and the 5 Challengers

Related PDF documents
- Decisions of the NY State Court of Appeals on January 15th

- Decisions of the NY State Court of Appeals on January 13th


The list of decisions of the New York State Court of appeals released on Thursday, January 15th, had bad and good news for the applicants and was a clear victory, at least at this stage, for BMW Oracle and the Golden Gate Yacht Club. The three amicus curia filed in support of Larry Ellison's team by the New York Yacht Club, the San Diego Yacht Club and 1992 America's Cup winner Bill Koch were all accepted. On the contrary, Alinghi's side received a blow, as the brief filed by Shosholoza and Team French Spirit on Jaunary 2nd was denied. In order to read these decisions just click on the corresponding PDF file at the top box and go to page 5.

On the other hand, the decision published two days before, on Tuesday January 13th, was favorable to Alinghi. The NY State Court of Appeals accepted the brief filed on the 23rd of December by a group of 5 challengers, Deutscher Challenger Yacht Club, K-Challenge, Dabliu Sail Project, Italia and Russian Challenge. In order to read this decision just click on the corresponding PDF file at the top box and go to page 3.

The court still hasn't made public its decision on the latest brief, filed by the Royal Thames Yacht Club on the 7th of January.

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3 Comments:

At 1:40 PM, Blogger ruidh said...

I don;t know that I'd call having an amicus accepted is a victory or having one denied is a loss. The court can accept amicus briefs and then disregard them. It appears from the order list that the amicus briefs that were denied were second briefs. So they were denied for that reason and not for thier arguments.

 
At 4:18 AM, Blogger Edith R. said...

I'm not sure that I completely understand what an "amicus" really is... but I can understand that the fate of the next America's Cup is still undecided. As a member of a family that has been involved with the NYYC and the America's Cup for more than a century, I just wish a firm decision would be made in the near future that does not forbid a US entry. How can it really be the America's Cup without America?

 
At 4:20 AM, Blogger Edith R. said...

I'm not sure that I completely understand what an "amicus" really is... but I can understand that the fate of the next America's Cup is still undecided. As a member of a family that has been involved with the NYYC and the America's Cup for more than a century, I just wish a firm decision would be made in the near future that does not forbid a US entry. How can it really be the America's Cup without America?

 

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