Saturday, November 14, 2009

SNG files brief in defense of its appeal; hires new lawyers

Related PDF Documents- SNG Brief in defense of its Appeal on RAK and Rudders/LWL, dated 13 November 2009

A day after GGYC it was the turn of the Defender to file its brief in defense of its current appeal on whether Ras Al-Khaimah is a legitimate venue for an America's Cup match in February as well as the more technical issues of Length on Waterline and whether rudders should be included in the measurement of the competing vessels.

New Lawyers
Before going into the details of Alinghi's brief, it is interesting to notice that they have hired a new law firm in order to represent them in the Appellate Division. In addition to Simpson, Thacher & Bartlett, the Swiss will be represented by Sullivan & Cromwell and in fact, the case will be argued by the new firm's partner Robert J. Giuffra, Jr.

Valencia, choice of last resort
Just 4 days ago, on November 10th, Alinghi issued a Notice of Race for Valencia and a number of media around the world, including ourselves, jumped into the conclusion it was a done deal and that the Spanish city would be hosting its second America's Cup in a row. Yet, from Friday's brief, it is evident now that Alinghi proceeded into the issue of the NoR for Valencia only because they felt they were left with no alternative legal option. If this court overturns the previous order, Alinghi will go on with its initial schedule to hold the America's Cup next February in Ras Al-Khaimah.

As it is clearly stated on pages 3 and 4 of the brief, "As of November 10, in order to comply with the April 7 Order’s direction that the Cup be contested in February 2010, SNG had no choice but to issue a notice of race for Valencia, Spain, the only permissible Northern Hemisphere venue under Justice Kornreich’s erroneous October 30 Order. GGYC cites SNG’s November 10 issuance of a Notice of Race for a race in Valencia, but disregards that SNG did so only after this Court denied SNG’s motion for a stay pending appeal on November 4. That ruling left SNG with no choice, unless and until the Order is reversed, but to proceed with a race in Valencia. If this Court, as it should, vindicates SNG’s legal right under the April 7 Order, and reverses the October 30 Order, then SNG will contest the Cup in RAK – a more temperate venue for a sailing race in February than Valencia."



At 7:59 PM, Anonymous Anonymous said...

There is no hearing on this appeal so SNG has some major problems as everything is on paper form the past hearings.

When the appeal is rejected, SNG will have even bigger problems in NYSC as they have give GGYC more ammo for their BOFD.

SNG has hung themselves by being so arrogant

At 10:06 PM, Anonymous CheeseBurger said...

To Anonymus 7:59:
Predicting the outcome of the appeal is also a bit arrogant. Isn't it?

At 10:11 PM, Anonymous Anonymous said...

10:06 PM maybe not with SNG loss rate in the NYSC

At 10:55 PM, Anonymous Anonymous said...

you can hire as many lawyers as you want, but if the overall strategy is run on emotions against some real pros in terms of litigating you always loose , and sailing looses too, something nobody seems to care....

At 2:40 AM, Blogger WetHog said...

Based on the past appeal ruling that SNG/Alinghi won on CNEV I'm not making any predictions, but either losing or being fired by the Jedi Lawyer says a lot to me. BO has been there since the beginning and now he's not being used. Is SNG/Alinghi fed up with him, or did the Jedi finally say "F*** it!"?


At 5:55 AM, Anonymous Anonymous said...

Alinhi Alinghi Alinghi
Alinghi will win anywheres!
BMW Oracle have no chances!
BUT...Ernesto, what are you doing?, Let's just race!

At 8:57 AM, Anonymous Anonymous said...

To 7:59

So how does this support GGYC's bogus backup BOFD.
Just interested as you obviously know what you're talking about.
Looks to me (not a lawyer)that SNG are getting back to point here the original deed governs a DOG match.

At 9:11 AM, Anonymous Anonymous said...

First time I,ve seen that diagram explaining the rudder issue. Can now see why this is so important to BMWOR. If the court accepts the Alinghi argument then BMWOR have a real problem. Let's hope that comes about as these are the guy's who are trying to rig every parameter to their own benefit and screw everyone else. Shame they are not a Trustee as there'd probably be a stronger BOFD case against them than SNG. But I think you have to win the Cup to become a trustee.

At 4:05 PM, Anonymous Anonymous said...

In the deed of gift it is precisley written:

The load water line of the vessel! The load water line of the hull is not mentioned!

So i think alinghi is absolut right.

So BOR has a real problem. They have to move their rudders.

On the other hand SNG has a real problem with the venue. They can onnly sail in valencia.

So stop all work at court. get together and sail with the baots as they are

At 12:22 AM, Anonymous Anonymous said...

What should be the motto for the AC...

"Shut up and race!"

At 1:03 PM, Anonymous Anonymous said...

It is hard for me to understand Alinghi's recent moves. A couple of days they announced "It is going to be Valencia". Now they argue "well it may be Valencia but perhaps it is going to be RAK". Don't they realize that such an erratic position is not really going to be helpful in court? It undermines their own credibility and judges will start wondering, which of Alinghi's statements (if any) should be taken seriously.

At 4:41 PM, Anonymous Anonymous said...

Sorry alinghi did not have a choice! read what they write and you will understamd it

At 5:52 PM, Anonymous Anonymous said...

to 4:41 PM anon

I have read it and and the least I would have expected from Alinghi is to address that issue in their NOR cover letter. The way the NOR was presented to the public and to Judge Kornreich, there was no doubt that Alinghi had committed 100% to Valencia. Please keep in mind that this letter was just a few days ago!!! Now they say they will sail in RAK unless the appellate division will reject their appeal. Alinghi's sudden change of mind leaves a very fishy and dishonest impression of the challenger with me. I am pretty sure that Judge Kornreich "is not amused" by Alinghi’s behavior either.

Cory Friedman has speculated that some deals may be going on with RAK officials and Alinghi. Rumors say that the defender is not being allowed to leave the country unless they fulfill their commitments with RAK (whatever they are). Well, if that should turn out to be the case, the challenger has a really serious problem...

At 7:09 PM, Anonymous Anonymous said...

The Cory Friedman piece is speculative bullshit. And although it's hard to distinguish the fact given the NYSC's series of rulings, Alinghi are in fact the defender.

At 8:18 PM, Anonymous Anonymous said...

yes indeed they are the defender. Did anyone out there say differently?
But they still have to act in agreement with the DoG, don't they?

At 8:28 PM, Anonymous I love the sheikh said...

Is it true that Alinghi 5 has been impounded by the Emirati police?


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