Diaz and his legal team strongly considering legal action against NSAC

by Luke Thomas | source: mmafighting.com
 

Diaz's lawyer Ross Goodman believes the commission acted in disregard for established and unequivocal Nevada statutory code at Monday's hearing. After being contacted by MMA Fighting, Goodman says Diaz and his legal advisors are strongly considering petitioning a district court to review the NSAC's decision.

Should they choose to move forward, "we would file a petition for judicial review in front of a district court judge," Goodman told MMA Fighting. "It would entitle a judge to basically look at the hearing anew."

Judicial review is a process by which if one requires an occupational license from the state and are denied such authorization by the relevant state agency, the petitioner can ask relevant courts to weigh assess the merits of the petitioner's claims. This method can be used in cases where the petitioner believes the state agency broke the law, acted unfairly or made a decision not based on facts.

In addition to the review, Goodman contends they could also motion the judge for a stay the suspension while he or she deliberates the larger merits of the petition.

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tags: Nick Diaz (detail)  NSAC   Nevada   



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Recent Comments »

Bankless site profile image  

5/27/12 10:08 PM by Bankless

I imagine if Nick Diaz put on a suit, spoke only when spoken to, limited his vocabulary to "Yes Sir. No Sir," and acted like he could give a shit, this could have all gone away. I'm glad he didn't, I have a deeper respect for him now. He just chose the wrong drug. Should have been smoking testosterone the whole time.

Shakwon site profile image  

5/27/12 9:56 PM by Shakwon

This

Shakwon site profile image  

5/27/12 9:55 PM by Shakwon

I hope he petitions for an appeal, the NSAC needs some oversight

Humphrey site profile image  

5/27/12 9:51 PM by Humphrey

you are very misinformed about the capacity of the commission and what they can and can't do.it is not a 'right' to be able to fight it's a 'privilege' and they had wayyyyyy more leeway than you seem to think

kalki site profile image  

5/27/12 9:49 PM by kalki

war diaz.....

Authority Figure site profile image  

5/27/12 9:41 PM by Authority Figure

This. They didn't possess the knowledge or capacity to gain said knowledge so they asked him about high school for 20 minutes and made this about why they "think" he really smokes. Which can't be ground for suspension, because it isn't grounds for denying a license in the first place.

MountainMedic site profile image  

5/24/12 8:21 PM by MountainMedic

Why do you think he's so angry at fight time?

SamboMMA site profile image  

5/24/12 6:23 PM by SamboMMA

Can anybody really believe Diaz can abstain from pot for 8 days? He has stated numerous times that he feels that fighting career gets in the way of his pot smoking [He actually said that in an interview IIRC]

fishyfish site profile image  

5/24/12 4:56 PM by fishyfish

I hope, once this is all sorted out, that Diaz gets better organized. it's like doing your taxes, paying the rent & not parking in a no parking zone. there's no good way around it.

Mark Hunter site profile image  

5/24/12 2:13 PM by Mark Hunter

It seems to me that the Commission just didn't like Diaz, and they sent him a very loud "f*ck you." At times like that, when someone is screwing your livelihood while being petty (which, in my opinion, the double standard between their ruling on Sonnen and Diaz is), I think a district court petition is well placed. But I'm also a litigator by profession, so you clearly can't listen to me. :-) If they get a stay of the suspension, then Diaz should be able to fight while the suspension is stayed . . . assuming he can secure, train for, and conduct a fight before the district court rules on his petition. I wouldn't expect that there will be enough time.



 

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