Saturday, October 31, 2009

BMW Oracle scores significant victory in latest legal action

Related PDF Documents- Justice Kornreich Decision/Order on Motion 11, 30 October 2009

[Source: BMW Oracle] Statement from Russell Coutts, CEO and Skipper of BMW Oracle

Our position that rudders should not be included in the Load Water-Line has been supported by the New York Supreme Court.

We welcome this decision. We also totally support the Court’s initiative to resolve the remaining issues with input from experts who are previous America’s Cup jurors and able to bring their experience to bear on sailing and technical matters.

Justice Kornreich has asked Golden Gate Yacht Club (GGYC) and the defender, Société Nautique de Geneve (SNG), to nominate three persons to attend a hearing of the New York Supreme Court next Wednesday, November 4. Each side will nominate one former juror who, in turn, will select the third.

Their combined testimony will help determine:
• the use of moveable water ballast in the measurement of LWL
• whether it is safe to race off Valencia, Spain, in February 2010 (the date of the 33rd Match)
• whether racing and other rules can be changed after the Notice of Race is issued
• the timing of the International Jury being empanelled for an America’s Cup Match
• and whether the agreement between the International Sailing Federation and SNG leaves this Jury unencumbered to be independent and objective

These issues go right to the heart of what we have advocated all along: fair rules and fair play.

This is a significant step towards getting the America’s Cup back on track.

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At 3:24 AM, Blogger Norby said...

bravo!!! very well done. let's bring this finally to the water, shall we.

At 4:04 AM, Blogger Peelman said...

Well looks like SNG has some humble pie and growing up to do coming Nov 4. Long overdue for them and hopefully they will be humble for once and realize the picture is bigger than them.

At 9:39 AM, Anonymous Anonymous said...

Hey Peelman............. I have a pie you can eat Jerk.

At 11:01 AM, Anonymous Anonymous said...

Fiding three jurors who haven't been "whined" and dined by TE will be a real challenge

At 12:07 PM, Anonymous Anonymous said...

So now we get to see who's the onsportive cheater.

Seems like the judge now got the pricture right and understands the noble art of yacht raching better than alinghy.

At 12:27 PM, Anonymous Anonymous said...

Rules should be Alinghi rules.
Change name to Alinghi Cup and sail by our rules.
BMW should play by our rules or go home.
We win anyways.

At 1:36 PM, Anonymous Anonymous said...

In fact alinghi has some rights
written in the deed of gift. BMW
has stolen the rights in a unbelievable act of unfairnes.
On the water BMW has no chance
against Alinghi and BMW knows that!
Does they have fear? I'm shure
Larry will never have the Cup. Only
good sailors win this Trophy!

At 2:50 PM, Anonymous Anonymous said...

or rich ones

At 2:51 PM, Anonymous Anonymous said...

Sux arse Alinghi
Hurry up and send your boat to real venue and start sailing in over 10knots

At 4:59 PM, Anonymous Anonymous said...

again incredible unprofessional childish behaviour by in the knindergarden all along i do not play any more, ill forfeit the cup.....and now as in everychilds life the spanking from the father...will he ever grow up...meanwhile 5000 jobs lost comment

At 6:17 PM, Blogger Peelman said...

12:27 PM Yes the rules should be those of the Defender. BUT those rules should be the ones at the time of the challenge & not some new rules make up at the last moment to DSQ the Challenger nor give the Defender an advantage. If you think otherwise, go look at 158yeas of AC history. Go look at sailing ever since sailing had rules.

At 9:15 PM, Blogger PowerYachtBlog said...

this should have rad BMW Oracle scorse again a vicotry in the NYSC
that makes 10 - 0 and what Alinghi won once, LE won it later on in the second hearing

At 6:39 AM, Anonymous Anonymous said...

It appears that the court is about to call bullshit on Fred Meyer's rules testimony. Outside of the AC32 Acts and AC32 regatta, does anyone know if SNG rules are used on an "arm of the sea" course, or are they predominately a lake club? It sounds like Justice Kornreich has either made a significant effort to bone up on sailing or has acquired some help in that area. It's good to see that she appears to have had enough from the lawyers and now wants to hear from sailing experts.

At 12:27 PM, Anonymous JamieF said...

"The court will take SNG at its word that it will not issue rules or sailing instructions that would be inconsistent with the overriding purpose of the deed of gift – to set the ground rules for a “friendly competition between foreign countries”"

To me this sounds like Justice Kornreich's last warning to SNG/Alinghi not to overdo it! I hope they got the message otherwise the Breach of Fiduciary Duty suit is waiting just behind the next corner and an angered judge is definitely not something that you want to have to face under the given circumstances.
I think it is time for Alinghi to cut their losses, take a deep breath and focus on what they are good at: To go sailing to “work it out on the water” with fair rules that allow “friendly competition between foreign countries”. After all, Alinghi has an excellent sailing team (and record) and has good chances to win this race – and if they don’t, the other team was simply better. So what? Alinghi can always get the cup back on AC 34…

At 12:38 PM, Anonymous Anonymous said...

to 1:36 PM Anon

If you are correct and Alinghi is going to win on the water anyway, why is it that Alinghi now is going to appeal Justice Kornreich's decision regarding the venue?
Let me tell you: Because they are scared to death that they might have to sail against BMW Oracle under "real" sailing conditions including wind and waves...


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