Larry Ellison wins court battle of the billionaires
Legal World
The Supreme Court of the State of New York yesterday ruled against Alinghi, the Swiss defenders of the America’s Cup, upholding the legal challenge of BMW Oracle Racing (BOR) and making the American team the official challengers for the trophy.
Justice Herman Cahn’s 18-page judgment in the case of the Golden Gate Yacht Club v Société Nautique de Genève (the teams’ representative yacht clubs) was damning of Alinghi and agreed with BOR’s central contention that Club Nautico Español de Vela’s (CNEV) status as official challenger — which allowed it to negotiate the much disputed parameters of the next America’s Cup with Alinghi — is illegal.
BOR argued that the Spanish syndicate was an invalid challenger since it has never held a regatta as required in the regulations. Yesterday’s ruling means that BOR have the right to a head-to-head, best-of-three race against Alinghi, with ten months’ notice, in a type of yacht and a location of their choice. That is the scenario laid out in the Deed of Gift, the 19th-century document in which the rules of the America’s Cup are enshrined.
The simplest solution for both teams, and the seven other challengers (at least two others are also waiting in the wings), will be for Alinghi and BOR to agree to the original schedule of the 2009 America’s Cup in Valencia, but with a new protocol that hands some power back to the challengers. Six dark months after what was arguably the best America’s Cup staged, there is finally the opportunity for peace.
Related listings
-
No Return for Guantanamo Detainee to Kenya
Legal World 11/21/2007A Kenyan court ruled on Wednesday that it has no jurisdiction in a case filed by Kenyan relatives of an alleged al-Qaida operative in U.S. custody, but suggested Kenyan law be changed to ensure the rights of such suspects. Abdul Malik, also known as ...
-
U.N. Chief Seeks More Climate Change Leadership
Legal World 11/18/2007[##_1L|1406286973.jpg|width="100" height="125" alt=""|_##]Secretary General Ban Ki-moon, describing climate change as “the defining challenge of our age,” released the final report of a United Nations panel on climate change here on Saturday and call...
-
Achieving Global Accord on Iran Sanctions May Be Harder
Legal World 11/17/2007A face-off begins this coming week among the world's major powers over whether to impose new economic sanctions to pressure Iran into suspending its nuclear-fuel program.Weeks of shadow diplomacy will start to gel on Thursday, when the governing boar...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.