US club gets heave-ho in America's Cup court fight
Lawyer Blogs
Hold those giant catamarans just a minute, you bickering billionaires.
The America's Cup appears to be headed away from a rare one-on-one showdown between American and Swiss crews and back to its traditional multichallenger format following a ruling by a New York appeals court Tuesday that went against a San Francisco yacht club that backs Silicon Valley maverick Larry Ellison.
In the latest 180-degree turn in a yearlong court fight, the New York Supreme Court's Appellate Division ruled 3-2 that Spain's Club Nautico Espanol de Vela should be the Challenger of Record, giving it the right to negotiate terms of the next competition with the current America's Cup holder, Alinghi of Switzerland.
The decision, based on what the court said was "ambiguous" language in the Deed of Gift, the century-old document that governs the America's Cup, reversed a lower-court ruling that made the Golden Gate Yacht Club the Challenger of Record.
Although Golden Gate Yacht Club can file a last-chance appeal to the New York State Court of Appeals in Albany, Tuesday's ruling leads the way for a return to the traditional format in which the winner of a challenger elimination series races the defending champion for the oldest trophy in international sports.
BMW Oracle Racing, backed by the GGYC, and Alinghi have been preparing for an expected one-on-one match in 90-foot multihull boats, the result of a lower-court ruling that GGYC was the Challenger of Record.
GGYC said it will consider the implications of Tuesday's ruling before deciding its next step.
Related listings
-
After court ruling, towns rush to repeal gun bans
Lawyer Blogs 07/30/2008In 1981, this quiet northern Chicago suburb made history by becoming the first municipality in the nation to ban the possession of handguns.Twenty-seven years later, Morton Grove has repealed its law, bowing to a U.S. Supreme Court decision in June t...
-
Mass. House votes to let out-of-state gays marry
Lawyer Blogs 07/30/2008The Massachusetts House has voted to allow gay marriages involving out-of-state couples. The lawmakers voted 118-35 Tuesday to repeal a 1913 law that bans couples from marrying in Massachusetts if their own states would not allow the unions.The state...
-
Truckers sue over access to Los Angeles-area ports
Lawyer Blogs 07/29/2008A trade group representing truckers filed a lawsuit claiming plans to clean up the air around the twin ports of Los Angeles and Long Beach place unfair restrictions on their members.In the lawsuit filed Monday in U.S. District Court, the American Tru...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.