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NSAC formally opposes Diaz attempt to have injunction lifted

NSAC formally opposes Diaz attempt to have injunction lifted
May 12th 2012

The Nevada State Athletic Commission has asked a Nevada court not to lift the suspension that Nick Diaz is currently under.

Diaz has been on temporary suspension pending a formal hearing after testing positive for marijuana metabolites earlier this year. But Diaz’s attorney recently filed suit in Nevada claiming that there had been an abuse of process and that Diaz had not had his hearing within an allotted time, thus invalidating the suspension.

Diaz’s attorney asked the Nevada courts to lift the suspension immediately, but NSAC has responded via its own attorneys with a written opposition to the claim. In the NSAC response, it says that Diaz has - contrary to his attorney’s claims - not been deprived of the usual avenues of appeal and consequently does not need the court’s protection.

NSAC claims that Diaz has “failed to exhaust his administrative remedies” and argues that no legal redress is open to him for several reasons, chiefly that NSAC has not made a final ruling on his case. The body also says that Diaz has not been materially affected by the suspension he is under.

Diaz specifically opposes that last point, with his attorney having told the court that his client is available to fight “immediately” if the suspension is lifted. That being the case, the attorney argues, the present suspension is an undue restraint of trade.

The case will be adjudicated by the Nevada courts on May 14, on which date Diaz will either have his suspension lifted or will remain in limbo pending action by NSAC. The latter could include a suspension of up to 12 months.

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