Wanderlei Silva”Arbitrary and Capricious” Lifetime Ban Overturned

Posted: May 18, 2015 in Nevada Combat Sports Law
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Today Nevada District Court Judge Kerry Earley overturned the NSAC’s lifetime ban of Wanderlei Silva after he admitted to running from an out of competition drug test.

The Court ruled that the NSAC did have jurisdiction to conduct the out of competition test however the Court found that the punishment was “arbitrary, capricious and not supported by substantial evidence”.

The full judgement can be found here.

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Comments
  1. Jason Giusti says:

    Wanderlei Silva has appealed the portion of the ruling dealing with jurisdiction to the Nevada Supreme Court. He is appealing on the grounds that the judge didn’t address the licensing requirements in her ruling. No articles discussing this currently contain the actual documents associated with the appeal. It would be nice if you guys got it first. Great website. Here is a link to an article discussing the appeal: http://www.mmafighting.com/2015/5/20/8632681/wanderlei-silva-appeals-to-nevada-supreme-court-on-nacs-jurisdiction

  2. EMagraken says:

    Thanks for visiting and for your comments Jason. I’m looking forward to the appellate courts reasons addressing this issue.

  3. […] It will be interesting to see how severe Silva’s punishment will be given that Nevada’s tougher stance on doping penalties are not in force just yet and they have been recenlty reminded by the Nevada Judiciary that the punishments they dole out cannot be ‘arbitrary and c…. […]

  4. […] The NSAC will likely learn a valuable lesson from judicial review as well. While they were condescending to Diaz for failing to learn his lesson from past failures the same accusation can be leveled at them. The Nevada judiciary recently slapped down the NSAC’s lifetime ban on Wanderlei Silva finding it was “arbitrary and capricious“. […]

  5. […] The NSAC will likely learn a valuable lesson from judicial review as well. While they were condescending to Diaz for failing to learn his lesson from past failures the same accusation can be leveled at them. The Nevada judiciary recently slapped down the NSAC's lifetime ban on Wanderlei Silva finding it was "arbitrary and capricious". […]

  6. […] having his lifetime ban for running from a Nevada State Athletic Commission drug tester overturned as ‘arbitrary and capricious’ Wanderlei Silva’s rehearing is agenda item #1 in today’s Commission meeting […]

  7. […] having his lifetime ban for running from a Nevada State Athletic Commission drug tester overturned as ‘arbitrary and capricious’ Wanderlei Silva’s rehearing is at the top if the NAC’s agenda this […]

  8. […] short Silva ran and was issued a lifetime ban and a $70,000 by the Commission.  In May, 2015, Nevada District Court Judge Kerry Earley overturned the ban and fine finding that the punishment was “arbitrary, capricious and not supported by substantial […]

  9. […] perhaps most controversial member, Pat Lundvall, who played a central role in the controversial Wanderlei Silva, Nick Diaz and Conor McGregor punishments, was stepping […]

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