Finest Legal Minds of TMMAC- Could there be a lawsuit against USADA?

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Sex Chicken

Sex Chicken

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I mean the levels are the levels, it has always seemed crazy to me that there isn’t a standard consistent penalty for failed tests. It’s seems pretty easy for fighters to show that USADA is penalizing fighters very differently for similar violations.

Tom Lawler got two years and had less in his system.
USADA has the power to destroy people financially and athletically, do they have a legal obligation to punish people consistently and fairly?
 
Wild

Wild

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Unfortunately it’s going to take something drastic for the UFC to change their ways. Not sure a lawsuit or two will be the defining moment. UFC has deep pockets & politicians they’ve donated money to.
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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Their explanation will be that Jon tested for those long term metabolites after having already been punished for the actual drug which caused those metabolites to show up. I am not saying that USADA is on the level because I don't know, but I don't think Mir's case is a strong one here.
 
Rambo John J

Rambo John J

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going to court with the lawyers the UFC or other monster companies is a death sentence

that is how the courts work sadly...they will bleed you dry and drag it on for 10 years until you quit or settle out of court for chump change and sign an NDA
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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Andrewsimar Palhardass said:
Their explanation will be that Jon tested for those long term metabolites after having already been punished for the actual drug which caused those metabolites to show up. I am not saying that USADA is on the level because I don't know, but I don't think Mir's case is a strong one here.
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I have thought more about this, and I do think that an explanation is owed as to why Mir was told that the metabolites couldn't have come from an ingestion that was several months before. That's the angle of this I didn't really consider enough when posting my original opinion.
 
Wild

Wild

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Andrewsimar Palhardass said:
I have thought more about this, and I do think that an explanation is owed as to why Mir was told that the metabolites couldn't have come from an ingestion that was several months before. That's the angle of this I didn't really consider enough when posting my original opinion.
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I hope Mir and Lawler legal counsel because it sure sounds like they didn’t get the same treatment that Jones did.
 
ErikMagraken

ErikMagraken

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Don’t think Mir has grounds to sue but USADA sure is taking a credibility hit here. They seem to be talking out of both sides of their mouth. Less transparency than ever does not help.
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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Wild said:
I hope Mir and Lawler legal counsel because it sure sounds like they didn’t get the same treatment that Jones did.
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I honestly think this is something that USADA can explain away, whether they are on the level or not. Mir's case was a while ago. I expect them to respond to the question regarding why Mir was given different information than they are now providing by saying that new discoveries have been made. Also, I think they will be able to say that they punished Mir for long term metabolites because he was never punished for the short term ones. I don't know the science so I don't know if that's bullshit or not, but I bet those are their answers. Hopefully Novitsky addresses it on JRE tomorrow.
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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ErikMagraken said:
Don’t think Mir has grounds to sue but USADA sure is taking a credibility hit here. They seem to be talking out of both sides of their mouth. Less transparency than ever does not help.
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The less transparency thing has interested me lately. For a long time, I didn't like the idea that they were announcing potential violations before investigations happen, but then as soon as they changed it, I started to realize the dangers of not announcing the potential violations. Rock and a hard place.
 
Wild

Wild

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Andrewsimar Palhardass said:
I honestly think this is something that USADA can explain away, whether they are on the level or not. Mir's case was a while ago. I expect them to respond to the question regarding why Mir was given different information than they are now providing by saying that new discoveries have been made. Also, I think they will be able to say that they punished Mir for long term metabolites because he was never punished for the short term ones. I don't know the science so I don't know if that's bullshit or not, but I bet those are their answers. Hopefully Novitsky addresses it on JRE tomorrow.
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I would love to see Victor Conte debate the Golden Snitch on Thursday.
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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Wild said:
I would love to see Victor Conte debate the Golden Snitch on Thursday.
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Oh Jesus Christ how awesome would that be?

Yeah, it's not like he's going to be straight with us on the show if they aren't being straight now, but at least we will have a couple of hours of information from his mouth to sift through.
 
Splinty

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ErikMagraken said:
Don’t think Mir has grounds to sue but USADA sure is taking a credibility hit here. They seem to be talking out of both sides of their mouth. Less transparency than ever does not help.
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Is there an precedent for this?

"We can't tell if a sample is a false positive or real positive".

They aren't even really admitting that. They have just selected one of the two without evidence. But same question. Has this situation occurred before?
 
ErikMagraken

ErikMagraken

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Splinty said:
Is there an precedent for this?

"We can't tell if a sample is a false positive or real positive".

They aren't even really admitting that. They have just selected one of the two without evidence. But same question. Has this situation occurred before?
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If I had a client facing an ADP alleged violation certainly I would caution them from accepting any deal without first knowing the elimination rate for the substance in question. If, as it seems here, the rate is unknown then USADA would be hard pressed in succeeding at arbitration.
 
kneeblock

kneeblock

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Victor Conte is an opportunist still trying to get someone to cut the check, like Jordan Belfort or Ollie North. You'll get no wisdom out of him.

But there are actual endocrinologists or biochemists who would probably have at least a little insight.
 
SongExotic2

SongExotic2

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Could there be a lawsuit against the MoDs for inconsistent pink sentences? I think yes
 
Filthy

Filthy

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Andrewsimar Palhardass said:
I honestly think this is something that USADA can explain away, whether they are on the level or not. Mir's case was a while ago. I expect them to respond to the question regarding why Mir was given different information than they are now providing by saying that new discoveries have been made. Also, I think they will be able to say that they punished Mir for long term metabolites because he was never punished for the short term ones. I don't know the science so I don't know if that's bullshit or not, but I bet those are their answers. Hopefully Novitsky addresses it on JRE tomorrow.
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Frank has been in the game long enough that he could claim that he took substances before they were banned, or in supplements that didn't cause a short-term metabolite positive due to time between tests.
 
Andrewsimar Palhardass

Andrewsimar Palhardass

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Filthy said:
Frank has been in the game long enough that he could claim that he took substances before they were banned, or in supplements that didn't cause a short-term metabolite positive due to time between tests.
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It depends on how big of a window USADA is going to cite at this point, but yeah. If they knew about these long term metabolites and kept it from Frank, or if they are making this up as they go, it is problematic. I just hope they have answers to these questions.
 
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