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UnderGround Forums >> Zuffa gains legal edge on Bellator


1/16/11 10:20 PM
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Underground News
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The Underground News, Editor
 

Bellator Fighting Championships suffered a setback last week in Zuffa LLC’s lawsuit against them when a Nevada Federal District Court judge stymied an attempt to put the brakes on factual discovery in the case until the court gets a chance to decide Bellator’s motion to dismiss.

Originally filed in Nevada’s Clark County Court, Zuffa’s complaint accuses Bellator and prominent fighter agent Ken Pavia (MMAagents) of conspiring to use documents that Zuffa considers “trade secrets” for their personal gain in the MMA market -- namely, “promotional documents, bout agreements, sponsorship forms, extension letters, injury forms, and the like ...” Bellator and Pavia scored an early victory in the case when Bellator successfully petitioned to get the case kicked from state court over to the Nevada Federal District Court, an often-exercised option by defendants and a way of avoiding litigation in front of politically elected state judges. Federal judges are appointed, not elected.

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1/16/11 10:34 PM
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MrHensonPredictsEm
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 over/under when this will end?
1/16/11 10:48 PM
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TheGARV
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MMAHQ, Underwear Model
 Zuffa has the deeper pockets.  The longer this goes the better for them.
1/16/11 10:50 PM
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Poindexter
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 Why would a politically appointed judge be a better be than a politically elected judge?
1/16/11 10:55 PM
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Sagiv Lapkin
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Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.
1/16/11 10:55 PM
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smoogy
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Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

Zuffa/Station Casinos are major political players in Nevada
1/16/11 11:09 PM
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Poindexter
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smoogy - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

Zuffa/Station Casinos are major political players in Nevada
Yeah, it wasn't clear to me which would be more heavily biased.
 
1/16/11 11:12 PM
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RickStorm
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Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.
But are you smarter than a 5th grader? lol

Bravo!! Very well said....
 
1/16/11 11:16 PM
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Poindexter
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 On the other end of the argument, when you are appointed you can avoid the vetting process that comes with the possibility of facing an electorate of diverse constituents. Not sure what the 5th grader comment was about, or if that was directed at me.
1/16/11 11:23 PM
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RickStorm
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Poindexter -  On the other end of the argument, when you are appointed you can avoid the vetting process that comes with the possibility of facing an electorate of diverse constituents. Not sure what the 5th grader comment was about, or if that was directed at me.
not pointed at you poindexter but my fren Sagiv... and there's a tv show with Jeff Foxworthy called "Are you Smarter than a 5th grader".... but it was a joke either way
 
1/16/11 11:26 PM
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Poindexter
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RickStorm - 
Poindexter -  On the other end of the argument, when you are appointed you can avoid the vetting process that comes with the possibility of facing an electorate of diverse constituents. Not sure what the 5th grader comment was about, or if that was directed at me.
not pointed at you poindexter but my fren Sagiv... and there's a tv show with Jeff Foxworthy called "Are you Smarter than a 5th grader".... but it was a joke either way
 
No problem. Wasn't sure what was up, and i sometimes wonder if indeed I am smarter than a 5th grader.
 
1/16/11 11:46 PM
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AceAtGSU
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Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.


Nail on the head.
1/17/11 2:24 AM
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Brian Rule
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Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.


wait would an appointee not be 'beholden' to whoever appointed him/her? to me this seems like the far more likely route towards politically shadiness... you scratch my back i'll scratch yours, etc
1/17/11 5:51 AM
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Jspec
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TTT for zuffa bankrupting bellator and buying out there assets (Eddie Alvarez, Ben Askren and MTV2 deal) Phone Post
1/17/11 8:09 AM
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Sagiv Lapkin
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Brian Rule - 
Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.


wait would an appointee not be 'beholden' to whoever appointed him/her? to me this seems like the far more likely route towards politically shadiness... you scratch my back i'll scratch yours, etc

 No, because the appointments are lifetime appointments. So once a judge is appointed they're beholden to no-one since there is no political pressure to render decisions a certain way, because they are in there for life. They can legislate without having to "please anyone" and can just focus on proper jurisprudence.
1/17/11 8:51 AM
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Ude Garami
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Sagiv Lapkin - 
Brian Rule - 
Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.


wait would an appointee not be 'beholden' to whoever appointed him/her? to me this seems like the far more likely route towards politically shadiness... you scratch my back i'll scratch yours, etc

 No, because the appointments are lifetime appointments. So once a judge is appointed they're beholden to no-one since there is no political pressure to render decisions a certain way, because they are in there for life. They can legislate without having to "please anyone" and can just focus on proper jurisprudence.
So instead you have lifetime appointed judges who have free reign to rewrite the laws with absolutely no accountability to the society they are supposed to represent. There are negatives to both elected and appointed judges.
 
1/17/11 9:13 AM
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Sagiv Lapkin
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 Absolutely there are positives and negatives to both. Like anything in life.
1/17/11 11:19 AM
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roomservicetaco
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Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?


I suspect the bigger issue is that the appointed judge is in the Federal court system, whereas the elected one is in the state system. Zuffa has a lot of influence in NV state affairs, less in federal ones.
1/17/11 4:31 PM
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vlad3theimpaler
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Edited: 01/17/11 4:35 PM
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Ude Garami - So instead you have lifetime appointed judges who have free reign to rewrite the laws with absolutely no accountability to the society they are supposed to represent. There are negatives to both elected and appointed judges.
No, you don't. Judges don't have the power to write or rewrite laws. That's what Congress is for.
1/17/11 6:57 PM
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cormano_wild
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Sagiv Lapkin - 
Brian Rule - 
Sagiv Lapkin - 
Poindexter -  Why would a politically appointed judge be a better be than a politically elected judge?

 Probably because if you were elected, you are beholden to the electorate and are more likely to render decisions in step with their thinking to be re-elected. Which might make you more likely to render a decision one way, and not the other.


If you are appointed you are beholden to no-one.


At least that's my take on it.


wait would an appointee not be 'beholden' to whoever appointed him/her? to me this seems like the far more likely route towards politically shadiness... you scratch my back i'll scratch yours, etc

 No, because the appointments are lifetime appointments. So once a judge is appointed they're beholden to no-one since there is no political pressure to render decisions a certain way, because they are in there for life. They can legislate without having to "please anyone" and can just focus on proper jurisprudence.



A judge does not nor should they ever legislate anything.

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