Tuesday, October 21, 2008

Filings in Gatlin

DirtRoadie has been following the Gatlin case, where USADA has been making arguments that the Feds can't intervene in their world of arbitration. Now long past the point where we were involved in Olympic eligability, we're now watching summary judgment motions.

DR says in mail:

Attached [now in the archive] are the USOC motion for summary judgment and Gatlin response.

It quickly becomes apparent how different the Gatlin case is from Floyd's.

On the issue of the New York Convention, Gatlin simply argues "The New York Convention does not apply to bar this action since the USADA arbitration panels could not consider the claims set out in this suit" What this is really saying is (1) that the Gatlin arbitration dealt with different issues. (2) the Court can therefore ignore that arbitration with respect to those issues, and (3) therefore application of the NYC
is irrelevant.

This is really an "end around" without addressing any issues of what law applies. There is nothing whatsoever dealing with the "Swiss Myth" raised in the USOC motion for summary judgment.

I would guess Floyd could expect to see a response from USADA somewhat along the lines of the USOC motion.