May 4, 2012
Legal motions all in the Nick of time for Diaz
By Neil Springer, QMI Agency
And so the legal posturing continues.
Last week, Nick Diaz, acting through his lawyer, Ross C. Goodman, filed a lawsuit against the Nevada State Athletic Commission for alleged violations of statutory law and his constitutional rights to due process.
The suit cited a “summary suspension” given to Diaz for testing positive for marijuana metabolites following his controversial decision loss to Carlos Condit in February. A summary suspension can be ordered if a government agency finds that “public health, safety or welfare imperatively require emergency action.”
In a written response, Nevada attorney general Catherine Cortez Masto states Diaz’s legal team misunderstood the suspension.
“No Notice of Summary Suspension was ever served on your client,” Masto wrote. “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.”