the out come of this case could effect not only fighters but anyone charge with a drug crime by a company that deals with discipline of drug offense.
start quote-Diaz -- a medical marijuana patient diagnosed with Attention Deficit Hyperactivity Disorder in his home state of California -- tested positive for marijuana metabolite following his UFC 143 loss to Carlos Condit at the Mandalay Bay Events Center in Las Vegas on Feb. 4. Diaz was suspended by the commission on Feb. 22 pending a disciplinary hearing. Goodman has previously asserted that Diaz’s suspension should have been addressed within 45 days of Feb. 22.
Diaz’s response, filed through attorney Ross C. Goodman to Nevada district court on Friday, argues that the NAC has requested “an unlimited power of interim suspension” through its opposition brief. The 12-page document disputes the NAC’s claim that Diaz has failed to “exhaust his available administrative remedies” and claims that “the issues raised in [Diaz’s] complaint are ripe for adjudication.”
“[Diaz’s] complaint puts in issue the [NAC] administrative procedure itself, and therefore the doctrine of exhaustion of administrative remedies has no application,” Goodman wrote. “Further, there exists no administrative remedy for the Commission’s failure to convene a prompt hearing or to seek relief from an administrative agency in respect of that same agency’s violation of a licensee’s statutory and due process rights.”-end quote Tristen Critchfield.http://www.sherdog.com/news/news/Nick-Diaz-Counsel-Responds-to-NACs-Opposition-of-Preliminary-Injunction-Request-42655
i could very well see this argument working for Union workers who also have the medical card and are fire/disciplined for "failing drug tests". very very interesting to watch if a new president will set in place following the conclusion of this case. anyone think this could effect them?
start quote-Diaz -- a medical marijuana patient diagnosed with Attention Deficit Hyperactivity Disorder in his home state of California -- tested positive for marijuana metabolite following his UFC 143 loss to Carlos Condit at the Mandalay Bay Events Center in Las Vegas on Feb. 4. Diaz was suspended by the commission on Feb. 22 pending a disciplinary hearing. Goodman has previously asserted that Diaz’s suspension should have been addressed within 45 days of Feb. 22.
Diaz’s response, filed through attorney Ross C. Goodman to Nevada district court on Friday, argues that the NAC has requested “an unlimited power of interim suspension” through its opposition brief. The 12-page document disputes the NAC’s claim that Diaz has failed to “exhaust his available administrative remedies” and claims that “the issues raised in [Diaz’s] complaint are ripe for adjudication.”
“[Diaz’s] complaint puts in issue the [NAC] administrative procedure itself, and therefore the doctrine of exhaustion of administrative remedies has no application,” Goodman wrote. “Further, there exists no administrative remedy for the Commission’s failure to convene a prompt hearing or to seek relief from an administrative agency in respect of that same agency’s violation of a licensee’s statutory and due process rights.”-end quote Tristen Critchfield.http://www.sherdog.com/news/news/Nick-Diaz-Counsel-Responds-to-NACs-Opposition-of-Preliminary-Injunction-Request-42655
i could very well see this argument working for Union workers who also have the medical card and are fire/disciplined for "failing drug tests". very very interesting to watch if a new president will set in place following the conclusion of this case. anyone think this could effect them?
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