Friday, May 01, 2009

Yet more legal action in the America's Cup: Alinghi files motion

CORRECTION: Our initial story was erroneous. Alinghi did NOT file a motion to disqualify GGYC's counsel. According to a clarification we received from the Alinghi press office it is simply a clerical mistake. The OTSC relates to an application to disqualify GGYC for failing to produce the required Customs House Registry or, in the alternative, compelling them to produce the Customs House Registry.

We'll use a cliché phrase but it perfectly describes the current situation in the America's Cup. It seems there is no light at the end of the long dark legal tunnel of the world's pinnacle sailing event.

According to the automated mailing system of the NY State Supreme Court, Alinghi filed motion number 8, some time in the afternoon of Thursday, April 30.

We'll have more information as soon as possible.

Motions: Motion Number: 8
Date Filed: 04/30/2009
Filed By: DEF
Relief Sought: Disqualify Counsel
Submit Date:
Answer Demanded: No
Status: Open:

Before Justice: KORNREICH
Order Signed Date:

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At 12:16 PM, Anonymous Anonymous said...

Yes Ernesto, finally you've taken the right direction! Just sue the big bad Larry, sue Russell, and get the uggly yankees out of this event! They dream to win it thru legal court, as they aren't able to sail till victory!
Go Alinghi Go

At 12:40 PM, Anonymous Anonymous said...

Please consider going to the following website for an actual document that makes a motion to disqualify counsel and by reading it, it will give you some 'for examples' of a circumstance where it applies.

At 2:38 PM, Anonymous Anonymous said...

Great move, give those American bastards some of their own medicine!

At 2:54 PM, Anonymous Anonymous said...

Societe Nautique de Geneve, the home yacht club to Alinghi, said Wednesday it will go to the New York State Supreme Court on May 14 after being summoned Tuesday to explain why it should not be held in contempt for refusing a one-on-one showdown against American crew BMW Oracle Racing in February.

Alinghi said last week it is preparing to hold the best-of-three series for the oldest trophy in international sports beginning in May 2010 in Valencia, Spain.

However, when Golden Gate Yacht Club — which backs BMW Oracle Racing — was declared the rightful Challenger of Record earlier this month, the New York State Court of Appeals said in its 6-0 ruling that the match against two-time defending champion Alinghi would be held in 10 months, meaning early February.

SNG said in a statement Wednesday that it was merely trying to abide by the Deed of Gift, the document that governs the event.

"The document clearly states that May is the earliest possible date for a race in the Northern Hemisphere, where both clubs are located," SNG said. "The New York Supreme Court Order does not instruct us to breach our duties as trustee."

At 4:11 PM, Blogger Jeff Aiken said...

I know what their reason for wanting the counsel removed is........

They are too effective!

Suck it POODLES!

At 5:22 PM, Anonymous Anonymous said...

When Americans cannot get their will, or when they loose (like EL on the water), then they go to court. Or they go to war.

Shows you their limited intellectual capacity. Like Chrysler getting help from the Italians (FIAT), because Americans cannot run their own companies.

They are just a pathetic bunch ... laughable!

At 6:54 PM, Anonymous Anonymous said...

In court score -

SNG - 5x

GGYC - 2x

Who's not wanting to be on the water?

At 11:22 PM, Anonymous Anonymous said...

"Shows you their limited intellectual capacity."

Wow. American's are stupid now? Not sure how to respond. I see your point though. When Hitler ran all over Europe us American's were stupid enough to get involved. Oh wait, I bet our intellect served us right during that period? Regardless, this dumb ass American knows the difference between lose and loose.

At 11:47 PM, Anonymous Anonymous said...

So, what's up with filling for.....
Disqualify Counsel????

What about unconstitutional? That will teach this yanks!!!

Somebody said desperate?

At 1:52 AM, Anonymous Anonymous said...

Poor EB and BB! Getting so desperate now. What did BB say in his last interview "we want to fight this on the water"just another Alinghi lie I guess.The AC is dead. Bring on the louis V world series and lets try and save whats left of our fantastic sport.

At 2:04 AM, Anonymous Anonymous said...

Yessiree, the American's behavior is shocking. Especially to Europeans who have neither courts nor armies and don't wage wars, and are content to win things by writing unfair rules rather than prevailing in front of a neutral panel of legal experts by presenting real evidence and facts.

I am not sure why the rule of law is so frightening to some in Europe. But it sure explains why people have left the continent by the millions for hundreds of years.

If Fiat has half the ability to run Chrysler that Daimler/Mercedes did, everyone would be better off. The Germans managed to wreck things really well and lose billions. But then what do they know about building cars compared to the Italians? Talk about laughable.

At 6:06 PM, Anonymous Anonymous said...

For a while it seemed as though Alinghi was playing the game of public appearances quite well. Oh how all that has changed now.


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