Nevada Attorney General Catherine Cortez Masto has responded to a recent lawsuit filed by UFC welterweight contender Nick Diaz’s lawyer, Ross C. Goodman, calling the move misguided. MMAFighting reports that Attorney General Masto believes Diaz’s legal team has misunderstood the type of suspension issued to the fighter.
In a reply to Diaz’s attorney, Attorney General Masto states:
“No Notice of Summary Suspension was ever served on your client. In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension’ and he failed to appear at the hearing. The Commission temporarily suspended Mr. Diaz’s license at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.”
The importance of the difference between a “summary suspension” and “temporary suspension” are very important in legal terms, since a summary suspension can only be issued for 45 days and puts the onus on the state to take action. Whereas in the case of a temporary suspension, the onus is on the suspended to take action.
The Attorney General also asserts that the blame for the delay lies with Diaz and his camp. Stating that the state has waited over a month for Diaz’s requested medical marijuana card.
The attorney general’s office announced they will continue to move forward with Diaz’s suspension.
As for the lawsuit, a hearing is set for May 14 to rule on Goodman’s request for an injunction against the state.
While it seems out of place for a State’s highest ranking legal official to become involved in what should be a simple matter handled by the state’s athletic commission. The actions of Diaz’s lawyer have forced the state’s hand after he challenged the legal authority of the Nevada State Athletic Commission to effectively regulate the sport.
Since the possible legal ramifications of Diaz’s lawsuit could result in a landmark, and possibly catastrophic, decision for the state regulation of MMA. It makes sense the case has drawn the ire of Nevada’s highest ranking legal official.
For more on this story and all things MMA, stay tuned to MMAFrenzy.