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Fasten Your Seatbelts -- USA Eq Filed Its Demand for Arbitration

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  • Fasten Your Seatbelts -- USA Eq Filed Its Demand for Arbitration

    The demand will be posted on the website later today, according to the news e-mail, along with maybe some other legal documents. It may even be posted already (I haven't checked yet).

    The AAA Commercial Rules only require that the demand contain some very basic information, so it may be kind of skeletal. Sometimes for tactical reasons, however, a Claimant will make its demand far more detailed than the Rules require, so it may make for interesting reading.

    "I'm designed for sitting. That's why my butt is covered in soft fur." Dogbert
    "I don't want to sound like a broken record here, but why is it that a woman will forgive homicidal behavior in a horse, yet be highly critical of a man for leaving the toilet seat up?" Dave Barry
  • Original Poster

    #2
    The demand will be posted on the website later today, according to the news e-mail, along with maybe some other legal documents. It may even be posted already (I haven't checked yet).

    The AAA Commercial Rules only require that the demand contain some very basic information, so it may be kind of skeletal. Sometimes for tactical reasons, however, a Claimant will make its demand far more detailed than the Rules require, so it may make for interesting reading.

    "I'm designed for sitting. That's why my butt is covered in soft fur." Dogbert
    "I don't want to sound like a broken record here, but why is it that a woman will forgive homicidal behavior in a horse, yet be highly critical of a man for leaving the toilet seat up?" Dave Barry

    Comment


    • #3
      haven't read it yet but it's 51 pages so there must be something interesting in there
      Nothing says "I love you" like a tractor. (Clydejumper)

      The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

      Comment


      • #4
        So I am going out on a limb and say that the option voted on at the USAEq meeting to continue mediation sans Leone and Balch didn't fly with the USET?

        I am obviously overcome with optimism lately - I actually thought that a) sounded reasonable from both sides and b) might actually fly. I think I need to "rediscover" my cloak of pessimism and sarcasm... [img]/infopop/emoticons/icon_razz.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_razz.gif[/img]

        Sgray - the day "length of document" and "interesting" are achieved in a sentence discussing the American jurisprudence system, is the day a few million legal professionals start rolling in their graves... [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img]

        "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

        Albert Einstein (1878-1955)
        Your crazy is showing. You might want to tuck that back in.

        Comment


        • #5
          First of all, I know NOTHING about the whole governance controversy. I mean NOTHING. I realize that I could probably do a search on the BB and find some threads that explain it.

          But as a curious law student, I have a question - who are the lawyers involved in this whole mess? Do the organizations employ outside law firms, and if so, which ones? Or do they have in-house counsel? I wonder what kind of qualifications one would need for this sort of work. Does knowledge of equestrian sports help?

          After spending 12 weeks at a regular old commercial litigation law firm, the thought of being able to do legal work for a dispute between equestrian organization sounds pretty darn exciting! [img]/infopop/emoticons/icon_smile.gif[/img]

          Ann

          Comment


          • #6
            OK, I looked at some of the pleadings on USAEq's website, and that answers my questions about who represents everyone. I've never heard of these firms - any insight about who they are and what they do? And what makes them qualified to represent the parties?

            Generally speaking, though, does USAEq have in-house counsel?

            Comment


            • #7
              I think I recall reading somewhere on the BB fairly recently that Armand Leone's lawfirm (Britcher, Leone and Roth, LLC) either has or will be doing some work on behalf of the USET?

              I looked at their website and saw that their areas of expertise are listed as medical malpractice; birth injuries; pediatric malpractice; misdiagnosis; pharmaceutical product liability and medical device liability; vaccine injury claims; personal injury; auto accidents; and product liability, which at least to me don't seem very appropro to the type of litigation the USET and USAEq are involved in.

              But perhaps I'm missing something here.

              And yes, DMK, it certainly appears, unforunately, that the mediation proposal with neither Leone or Balch participating went nowhere with the USET after it was raised at the 7/9 USA Eq Board Meeting. [img]/infopop/emoticons/icon_frown.gif[/img]

              ~~~~~~~~
              "Of course, that's just my opinion. I could be wrong." - Dennis Miller
              Proud member of the Thoroughbred Clique

              [This message was edited by dublin on Aug. 29, 2002 at 02:01 PM.]
              In Honor of dublin aka Dee Dee 07/24/53-02/07/03
              ~~~~~
              \"Of course, that\'s just my opinion. I could be wrong.\" - Dennis Miller
              *Go Bruins - Go Niners*

              Comment


              • #8
                I'm only to page 18 and I am so thoroughly APPALLED

                looks like all of Snowbird's theories about the USOC are correct

                I have to go to another meeting here at work so I won't be able to finish reading until tonight
                Nothing says "I love you" like a tractor. (Clydejumper)

                The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                Comment


                • #9
                  The legal documents which have been filed are not posted on their website yet, but I am sure will be shortly.

                  ~~~~~

                  For Immediate Release August 29, 2002

                  DEMAND FOR ARBITRATION MADE
                  USA EQUESTRIAN RESPONDS TO FORMAL COMPLAINT

                  USA Equestrian, the National Equestrian Federation, announced today that a formal demand for arbitration has been made with the American Arbitration Association, relating to a recent United States Olympic Committee ruling on its status as the sport’s national governing body. The USOC board of directors affirmed its hearing panel report on the matter in early August, and under federal law, a demand for binding arbitration of such a decision, by any “aggrieved party,” must be made within 30 days.

                  Speaking for all six officers of USA Equestrian, its president, Alan F. Balch, commented, “USA Equestrian has come to the conclusion that arbitration is the best forum in which a full and independent hearing of all relevant facts can be achieved, absent an immediate mediated settlement. We are confident in this course of action for many reasons; but three essential issues are clear:

                  * USA Equestrian is inclusive, financially sound and well-managed; USET is not.
                  * USA Equestrian represents a broad cross-section of equestrian events and equestrian athletes; USET shares representation with us of only an athletic elite who compete in select international events.
                  * USA Equestrian is committed to broad, fair competition; USET's dependence on a very small group of supporters has raised questions about conflicts of interest and undue influence, and subjected it to constant fiscal uncertainty and distress.

                  We are committed to being heard fairly and independently on these core issues. While this is a sad day for the sport, we have come to this place only because the USET has declined any effort to continue to resolve the sport’s governance issues through mediation.”

                  In response to USET’s continuing claim of improper delegation of governance functions, USA Equestrian announced immediate steps to enhance its international activities and oversight.

                  Balch stated, “I am pleased to announce that USA Equestrian’s Planning Committee, its NGB Advisory Committee, its International High Performance Advisory Committee, its Budget and Finance Committee and its Officers will begin promptly a series of public, webcast meetings to plan and institute all the details to accomplish the implementation of the enhanced international programs and oversight for all post-World Equestrian Games activities. Therefore, beginning with any international events after the World Championships in September, no further financial, logistical, administrative, or other assistance from the USET will be accepted by our organization, except as specifically approved by our Executive Committee or Board following receipt of recommendations from the Officers and the appropriate Committees in the Federation.”

                  Reports on developments as well as information for joining the above webcasts will be available on USA Equestrian’s web site. All legal documents filed today will be available on the USA Equestrian website at http://www.equestrian.org/Equestrian...ance/index.asp. Questions and comments should be made to gov@equestrian.org.
                  In Honor of dublin aka Dee Dee 07/24/53-02/07/03
                  ~~~~~
                  \"Of course, that\'s just my opinion. I could be wrong.\" - Dennis Miller
                  *Go Bruins - Go Niners*

                  Comment


                  • #10
                    Therefore, beginning with any international events after the World Championships in September, no further financial, logistical, administrative, or other assistance from the USET will be accepted by our organization, except as specifically approved by our Executive Committee or Board following receipt of recommendations from the Officers and the appropriate Committees in the Federation.�
                    Nothing says "I love you" like a tractor. (Clydejumper)

                    The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                    Comment


                    • #11
                      Go look now!!!

                      Guenter Seidel filed a new Complaint before the USOC. The Complaint and the USA Eq response are on the web site at http://www.equestrian.org/Equestrian...ance/index.asp

                      [img]/infopop/emoticons/icon_eek.gif[/img] [img]/infopop/emoticons/icon_eek.gif[/img] [img]/infopop/emoticons/icon_eek.gif[/img]
                      Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> EEEEKKKKK

                        Go look now!!!

                        Guenter Seidel filed a new Complaint before the USOC <HR></BLOCKQUOTE>

                        Gee, and I'm just positive that he decided to file this entirely on his own volition.... [img]/infopop/emoticons/icon_rolleyes.gif[/img]

                        ~~~~~~~~
                        "Of course, that's just my opinion. I could be wrong." - Dennis Miller
                        Proud member of the Thoroughbred Clique
                        In Honor of dublin aka Dee Dee 07/24/53-02/07/03
                        ~~~~~
                        \"Of course, that\'s just my opinion. I could be wrong.\" - Dennis Miller
                        *Go Bruins - Go Niners*

                        Comment


                        • #13
                          It would depend entirely on the number of functional brain cells available ... the Response filed by Ira Finkelstein and Peter Alkalay is worth the read

                          Now I have to go wade through the Demand for Arbitration - which, I notice, is filed against BOTH USET and USOC ... Portia??? is that normal??
                          Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                          Comment


                          • #14
                            SoEasy - you'll enjoy the read (I just finished it) - fascinating synopsis of the "troubles"
                            Nothing says "I love you" like a tractor. (Clydejumper)

                            The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SoEasy:
                              It would depend entirely on the number of functional brain cells available ... the Response filed by Ira Finkelstein and Peter Alkalay is worth the read

                              <HR></BLOCKQUOTE>

                              Ira and Peter (and of course Bill and Portia) - now there's a truckload of functional braincells!
                              Nothing says "I love you" like a tractor. (Clydejumper)

                              The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                              Comment


                              • #16
                                Anyone who wishes can email me and I will forward a copy of my request that Senator McCain take action based on his past concerns about both the IOC and our own USOC.

                                I have requested a new Presidential Commission be formed to investigate the influence of special interests in the USOC as it applies to Equestrian.

                                I think it would be very helpful if you all sent him a letter explaining your feelings and the impact on all of us.

                                I think it is time that we were heard by the very body of this government that created this monstrous situation.

                                I was informed that while emails are interesting he cannot take any action without a signature so a signed fax, or hard copy by snail mail is necessary if we expect him to be able to use such correspondence as a request for any action.

                                Ted Stevens is still a Senator and mail to him might also be helpful, both served on the original President Ford Commission which established and authorized the USOC.

                                I think this is now beyond the point of a couple of boys in the playground and requires intervention by the Congress.
                                http://www.usAHSA.org and http://www.noreinstatement.org

                                Comment


                                • #17
                                  Why did Gunter Seidel sign the complaint when it was clearly prepared by counsel? Shouldn't it more appropriately be signed by both counsel and Mr. Seidel?

                                  I don't know whether to laugh or cry about adding more litigation complaining that there has been too much litigation. What a waste of everyone's time.

                                  Does Seidel REALLY want the USOC responsible for paying the way of his horses to Greece, as he requests? Yep, THAT would be better.

                                  [img]/infopop/emoticons/icon_rolleyes.gif[/img]

                                  I wish USA Eq was paying directly for sending the team to WEG. Would end this all right here.
                                  If you are allergic to a thing, it is best not to put that thing in your mouth, particularly if the thing is cats. - Lemony Snicket

                                  Comment


                                  • #18
                                    the Response has obviously been written by a collection of brain cells functioning at the very very highest levels ... the Complaint signed by Guenter Seidel shows a much lower functional level, IMHO [img]/infopop/emoticons/icon_rolleyes.gif[/img]
                                    Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                                    Comment


                                    • #19
                                      What kills it for me is the fact that GS actually voted for the USAE to go to arbitration then filed--doesn't seem too smart or credible.

                                      Comment


                                      • #20
                                        Yes - and especially for his first peep of dissent to be a Complaint to the USOC, since the rules say you first have to complain to the NF.

                                        (All that trouble getting him to the hearing to vote, too....)
                                        If you are allergic to a thing, it is best not to put that thing in your mouth, particularly if the thing is cats. - Lemony Snicket

                                        Comment

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