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GGYC's Challenge for the 33rd America's Cup
The legal brief below is GGYC's answer to SNG's appeal filed last
week with the Appellate Division of the NY Supreme Court. SNG
appealed Justice Kornreich's decisions on RAK (illegal venue) and
Rudders (not to be included when measuring LWL). SNG's reply
brief is due tomorrow. We expect the court to set a hearing before
the end of November, with a decision before Christmas
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GGYC has filed a breach of fiduciary duty complaint against SNG in the New York Supreme Court for "reckless and repeated disregard in its stewardship of the America's Cup."
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GGYC has served our reply brief and exhibits on SNG and filed them with the NY Court. Our latest filing is a point by point rebuttal of SNG's opposition papers to our motion asking the Court to invalidate RAK as the venue and return the AC 33 Match venue to Valencia in February, 2010. The hearing on this venue motion, and our motion for fair rules previously briefed (and papers posted below), is Tuesday, October 27, 2009 at 11am, Supreme Court of New York County, 60 Centre St., New York City.
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In our continuing fight for fair rules, and to stop SNG from trying to disqualify our challenge vessel even before it races, GGYC has served our reply brief and exhibits on SNG. Our latest filing is a point by point rebuttal of SNG's opposition papers to our motion asking the the Court to reconsider its previous decisions concerning racing and measurement rules governing AC33.
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We were compelled to make a motion in the New York court to force SNG to disclose its secret June 5, 2009 agreement with ISAF. In response to that motion, on September 17,2009, SNG waived its claim of confidentiality over the agreement. As a result, we are now able to post the complete court papers on the current motion to compel compliance with the Deed and Judgment, as well as Russell Coutts'letter to ISAF on the secret agreement.
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BMW ORACLE Racing sailing team leaders John Kostecki (USA;left) and James Spithill (AUS; right) attended today's oral arguments before the New York State Court of Appeals, which is expected to rule on the future of the America's Cup by the end of March. Following the court hearing, Kostecki said, "Golden Gate and our racing team expect to win. We look forward to a negotiation with SNG for a multi-challenger America's Cup 33 and getting back on the water as soon as possible."
February, 10th 2009
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LATEST NEWS FROM GGYC AND BMW ORACLE RACING
We’ve distributed Issue No. 2 of “GGYC Cup Newsline” with the latest update on BMW ORACLE Racing's activities on the water and off.
And here’s
Issue No. 1 in case you missed it.
January, 7th 2009
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NYYC, SDYC & KOCH FILE AMICUS CURIAE BRIEFS;
ONORATO ASKS BERTARELLI WHY HE QUESTIONS LEGITIMACY OF 100-YEAR-OLD YACHT CLUB
In the last week, two prestigious American yacht clubs – both former Trustees of the America’s Cup – and a former America’s Cup winner have filed “friends of the court” briefs supporting GGYC’s position to reinstate the trial court ruling that the challenge made by CNEV (the sham Spanish “yacht club”) is invalid and to declare GGYC the legitimate Challenger of Record for AC33. Those filing briefs were:
New York Yacht Club
San Diego Yacht Club
America’s Cup winner Bill Koch
These briefs complement an “amicus” filed last year by Naples’ Reale Yacht Club Canottieri Savoia (RYCCS) and the Mascalzone Latino yachting syndicate.
In addition, Mascalzone Latino’s Vincenzo Onorato sent a letter to Ernesto Bertarelli asking why he is questioning the legitimacy of the RYCCS – which is more than 100 years old and has participated in two America’s Cup regattas – and not the legitimacy of some of the supposed “challengers” for the Alinghi Cup.
Onorato’s Letter (click on British flag for English)
January, 7th 2009
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WHAT THE ALINGHI PROTOCOL SAYS
1: No neutral officials
The Alinghi Protocol for America's Cup 33 removes neutral officials and appoints all umpires and race officials
as employees of Alinghi's management company, ACM.
[Read protocol text here]
2: Defender sets all the rules for racing
Alinghi's management company, which is controlled by Ernesto Bertarelli, sets all the rules for racing. It can
sanction or restrict competitors as it sees fit.
[Read protocol text here]
3. Defender controls the challengers' race series
The challengers' right to control their own series is simply done away with. Alinghi gains the radical new advantage
of being able to enter into the challenger series as it sees fit, and therefore gain the ability to affect the
result or even exclude a competitor at no risk to itself.
[Read protocol text here]
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Alinghi Backgrounder - comment and corrections
June 12th, 2008
GGYC Pleased with Appellate Court Hearing
June 5th, 2008
GGYC Appellate Brief
May 22nd, 2008
GGYC Appellate Brief
(5.4 MB)
May 9th, 2008
Backgrounder on Alinghi decision to appeal
April 17th, 2008
Press Release:
Court expedites appeal; denies Alinghi bid to stay proceedings
April 15th, 2008
GGYC Letter to Justice Cahn
April 15th, 2008
Summary Statement on Application for Expedited Service and/or Interim Relief
April 15th, 2008
Press Release:
Defender's Plan to Appeal is Regrettable
April 14th, 2008
Transcript of April 2 Court Hearing
April 4th, 2008
Summary of Key Issues
Backgrounder on the America’s Cup
April 2nd, 2008
Press Release:
GGYC looks to court ruling to end
America’s Cup delays
April 2nd, 2008
Press Release:
Timing of Hearing Pleases GGYC
March 27th, 2008
Press Release:
GGYC Seeks Speedy Decision
March 27th, 2008
Letter to Justice Cahn
March 26th, 2008
GGYC Backgrounder to the Court Case
March 26th, 2008
GGYC meets with defender in Geneva
March 26, 2008
Reply Letter to SNG
March 23, 2008
Press Release:
The Court Order Confirms AC Challenge
March 18, 2008
Court Decision Re-Confirming Validity of GGYC Challenge
March 18, 2008
Letter to Justice Cahn
January 30, 2008
Press Release: GGYC Confident Court Order Will Maintain Nov. 27 Ruling
January 23, 2008
Letter to Justice Cahn
January 22, 2008
Press Release: Court Order Expected Soon
January 14, 2008
Press Release: GGYC Now Committed to
a Deed of Gift Challenge
December 29, 2007
Press Release: Bid to Re-argue Court Decision Lacks Merit
December 27, 2007
Press Release: Court Order Expected in New Year
December 14, 2007
Press Release: Defender’s Decision Needed
December 11, 2007
Press Release: Time is Running Out
December 6, 2007
Mutual Consent Proposal
Challengers Meet to Discuss Cup Options
December 3, 2007
GGYC Welcomes Court Ruling
November 27, 2007
Court Decision Declaring GGYC
as Challenger of Record
November 27, 2007, (675kB)
Cup Postponement: Unfortunate and Unnecessary
November 22, 2007
Alinghi Rejects Joint Challenger Proposal
November 16, 2007
GGYC Settlement Offer, Press Release
November 16, 2007
Settlement Offer To Alinghi
October 17 Letter: Basis for an AC 33 Agreement
GGYC Press Release November 13, 2007
Russell Coutts Letter to SNG November 13, 2007
SNG Letter to GGYC November 13, 2007
GGYC Press Release November 1, 2007
GGYC Press Release October 25, 2007
GGYC Press Release October 22, 2007
July Letter from Seven Challengers Opposing AC 33 Protocol October 22, 2007
GGYC Press Release October 20, 2007
GGYC Reply Memorandum of Law October 19, 2007
GGYC Affirmation of G. Petrocelli with Exhibts October 19, 2007
GGYC Press Release October 6, 2007
Responses to SNG Rule 19-a Statement October 6, 2007
Affidavit of Thomas F. Ehman, Jr. October 6, 2007
Memo of Law in support for Cross-motion October 6, 2007
Notice of Cross Motion October 6, 2007
Frequently Asked Questions September 26, 2007
Court Orders Date for America's Cup Hearing September 10, 2007
GGYC Memorandum of Law August 22, 2007
Affidavit of Thomas F. Ehman, Jr. August 22, 2007
GGYC Granted Court Order August 22, 2007
America's Cup 33 Protocol August 22, 2007
Letter to Professor Henry Peter, Chairman ACAP 33 July 27, 2007
Video of Larry Ellison Press Conference July 24, 2007
Larry Ellison Welcomes New Team CEO July 24, 2007
GGYC America's Cup Press Release July 20, 2007
GGYC Complaint Against SNG
GGYC America's Cup Press Release July 19, 2007
GGYC America's Cup Press Release July 11, 2007
GGYC Notification of Challenge for the 33rd America's Cup
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