Nick Diaz Sues Nevada State Athletic Commission, Says He’s Ready to Fight Immediately


(Come at me, NSAC!)

UFC welterweight contender Nick Diaz has sued the Nevada State Athletic Commission for allegedly violating his right to due process and for alleged violations of statutory law. Diaz’s suit petitions the court to stay the summary suspension given to Diaz by the NSAC and to prohibit the NSAC from going forward with additional disciplinary proceedings.

And, oh yeah, Diaz says he is ready to fight “immediately,” should the court rule in his favor, in a sworn affidavit released by his attorney. “On February 7th, 2012, the UFC’s President publicly announced that Mr. Condit agreed to an immediate rematch against me. It is my understanding that the winner of that rematch will be offered a contest against Georges St-Pierre, the current UFC welterweight champion,” Diaz said.

Top 10 beard-for-beard MMA reporter Luke Thomas has more details, many of which will fly over your head if you’re not a law student:


(Come at me, NSAC!)

UFC welterweight contender Nick Diaz has sued the Nevada State Athletic Commission for allegedly violating his right to due process and for alleged violations of statutory law. Diaz’s suit petitions the court to stay the summary suspension given to Diaz by the NSAC and to prohibit the NSAC from going forward with additional disciplinary proceedings.

And, oh yeah, Diaz says he is ready to fight “immediately,” should the court rule in his favor, in a sworn affidavit released by his attorney. “On February 7th, 2012, the UFC’s President publicly announced that Mr. Condit agreed to an immediate rematch against me. It is my understanding that the winner of that rematch will be offered a contest against Georges St-Pierre, the current UFC welterweight champion,” Diaz said.

Top 10 beard-for-beard MMA reporter Luke Thomas has more details, many of which will fly over your head if you’re not a law student:

“Diaz is arguing the NSAC is in violation of two statutory codes. First, statutory code NRS 233B, requires the commission to determine the outcome through proceedings related to the order of a summary suspension within 45 days of the date of the suspension.

Diaz and his lawyers argue this term has passed without any date set for a hearing. ‘Diaz’s license has, in effect, been suspended indefinitely, says the lawsuit, ‘In the absence of any adverse findings having been made against him by the NSAC.’

‘Under NRS 233B.127, which applies to all revocations, suspensions, annulments and withdrawals of licenses (including licenses issued by the NSAC), [p]roceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the [suspension] unless the agency and the licensee mutually agree in writing to a longer period.’

The lawsuit claims Diaz and his lawyers made repeated attempts to reach the NSAC to obtain a formal hearing to finally adjudicate the NSAC’s complaint without any response from Executive Director of the NSAC Keith Kizer.

Diaz’s complaint also cites breach of statute NRS 467.117, which requires that a ‘temporary suspension may be made only where the action is necessary to protect the public welfare’. In other words, Diaz’s temporary suspension is unlawful because no basis has been established that demonstrates suspending Diaz was done as a matter of preserving public health.

Citing the alleged violation of these two statutes by the NSAC, Diaz’s complaint asks the court to enjoin NSAC from proceeding with any further punitive proceedings because ‘the NSAC has lost statutory jurisdiction to proceed with the complaint’.”

Diaz’ motion for injunction against the NSAC is scheduled to be heard by the court on May 14th. This case might prove to be fascinating for what it is avoiding.

Diaz is attempting to circumvent the NSAC altogether by claiming that they no longer have jurisdiction in his career, and going straight to the courts and calling into question the disciplinary process of the world’s most influential athletic commission. Diaz is also attempting to avoid the reason for his suspension by the NSAC, a post-fight drug test in which he tested positive for marijuana metabolites.

Diaz isn’t asking the courts to render judgement on the test, but rather, he appears to be attempting to get out of his suspension on the technicality that the NSAC made mistakes in their process of handling his case. Diaz’ entire complaint is available here and the motion for preliminary injunction, including his sworn affidavit can be read here.

What do you say, nation? Is Nick violating Stockton rules by doing the procedural version of point-fighting, or is he holding up the 209 proper by giving the NSAC the middle finger?

And when did Diaz get so good at the public relations game? Just the other day he had his brother Nate saying that he wasn’t interested in fighting, but now he’s filed legal papers saying he is ready to fight again immediately. That’s some high-level misdirection and strategic demurring. Or something.

Elias Cepeda

Dana White ‘Not a Fan at All’ of Alistair Overeem Following Commission Ruling

Radio show host Jim Rome had the dubious honor yesterday of informing UFC President Dana White of the Nevada State Athletic Commission‘s denial of a license for heavyweight Alistair Overeem and their ruling that he would not be allowed to reapply for nine months. White responded by saying he assumed Overeem would have gotten a more severe punishment and that he is unsure if Alistair will still have a job with the UFC.

“I thought he would get a year. Easily a year,” White said. “I’m not a fan at all. You’re not going to hear me today on your radio show defending Alistair Overeem. Believe me.”

Luckily for Alistair, White has brought back plenty of guys who have failed drug tests or otherwise violated the law. Hell, Alistair has already failed a drug test so he might be a felony away from receiving a title shot when and if he returns. But for Overeem to blow it so epically when so much was on the line? That might be unforgivable.

“I know he lied to me,” White told Rome. “I don’t like it…if they’ll sit in front of you and lie to your face, [they’re] not the kind of guys I want to do business with.”

Check out audio from Rome’s interview with Uncle Dana after the jump.

Radio show host Jim Rome had the dubious honor yesterday of informing UFC President Dana White of the Alistair Overeem Denied License by NSAC, Can Reapply in Nine Months” href=”http://www.cagepotato.com/alistair-overeem-denied-license-by-nevada-state-athletic-commission-can-reapply-in-nine-months/” target=”_blank”>Nevada State Athletic Commission‘s denial of a license for heavyweight Alistair Overeem and their ruling that he would not be allowed to reapply for nine months. White responded by saying he assumed Overeem would have gotten a more severe punishment and that he is unsure if Alistair will still have a job with the UFC.

“I thought he would get a year. Easily a year,” White said. “I’m not a fan at all. You’re not going to hear me today on your radio show defending Alistair Overeem. Believe me.”

Luckily for Alistair, White has brought back plenty of guys who have failed drug tests or otherwise violated the law. Hell, Alistair has already failed a drug test so he might be a felony away from receiving a title shot when and if he returns. But for Overeem to blow it so epically when so much was on the line? That might be unforgivable.

“I know he lied to me,” White told Rome. “I don’t like it…if they’ll sit in front of you and lie to your face, [they’re] not the kind of guys I want to do business with.”

Check out audio from Rome’s interview with Uncle Dana after the jump.

Elias Cepeda

In Case You Asked: Chuck Liddell Says He’d Return For a Title Shot [VIDEO]


(We know Liddell has been training hard with other top talent, but a comeback probably wouldn’t be prudent)

It would be easy to call Chuck Liddell nuts for thinking he has a chance at beating current light heavyweight king Jon Jones at this point in his life, as he implies in a recent interview with Fuel TV (video after the jump). Simply going by “MMA math” alone, the former 205-pound ruler finished his career losing five out his last six fights, and three of those losses came against guys (Shogun, Rashad and Rampage) who were easily handled by Bones in subsequent matches.

“The only thing that would make me even think about coming back is if they gave me a shot at the title,” Liddell told Ariel Helwani. “So, we’ll see.” Well, hopefully we won’t see. You don’t have to be a neurologist to understand that a comeback fight against the world’s top-ranked light-heavyweight would put Chuck’s long-suffering brain in grave danger.

That said, we won’t mock retired fighters for retaining some of the same qualities that we loved about them when they were active. Over the course of Liddell’s 12-year career, the former college wrestler probably faced only three guys that he would not have been able to out-wrestle and win in safe, if boring fashion. Yet, the Iceman had so much guts, bravado, and love for the battle itself that he instead chose to slug it out almost all of the time. As a result, MMA fans got to witness some of the most exciting knockouts in the sport’s history — first with Liddell on the winning end, and then with him in the more painful role of victim.


(We know Liddell has been training hard with other top talent, but a comeback probably wouldn’t be prudent)

It would be easy to call Chuck Liddell nuts for thinking he has a chance at beating current light heavyweight king Jon Jones at this point in his life, as he implies in a recent interview with Fuel TV (video after the jump). Simply going by “MMA math” alone, the former 205-pound ruler finished his career losing five out his last six fights, and three of those losses came against guys (Shogun, Rashad and Rampage) who were easily handled by Bones in subsequent matches.

“The only thing that would make me even think about coming back is if they gave me a shot at the title,” Liddell told Ariel Helwani. “So, we’ll see.” Well, hopefully we won’t see. You don’t have to be a neurologist to understand that a comeback fight against the world’s top-ranked light-heavyweight would put Chuck’s long-suffering brain in grave danger.

That said, we won’t mock retired fighters for retaining some of the same qualities that we loved about them when they were active. Over the course of Liddell’s 12-year career, the former college wrestler probably faced only three guys that he would not have been able to out-wrestle and win in safe, if boring fashion. Yet, the Iceman had so much guts, bravado, and love for the battle itself that he instead chose to slug it out almost all of the time. As a result, MMA fans got to witness some of the most exciting knockouts in the sport’s history — first with Liddell on the winning end, and then with him in the more painful role of victim.

So yeah, Chuck loved to fight and had the confidence necessary to make him a champion. We can’t expect that he would lose that desire or hubris just because his friend and boss Dana White forced him to retire two years ago.

Once a warrior, always a warrior.

But with that said, no. Dana White, please continue to do whatever it takes to keep Chuck Liddell out of the cage now, especially against the likes of Jones. The world loves Liddell too much to see his lights turned out again. Pay him whatever it takes to remain an integral member of your executive team at Zuffa and maybe consider banning any media member who asks him about coming back. The guy deserves a cushy, well-paid do-nothing gig. Hell, we wish more former fighters had those types of opportunities.

Check out Liddell’s interview below. You have to give him credit for being very honest and open about where he’s at physically. “I have two problems,” Chuck said. “I probably can’t take a punch like I used to and I didn’t want to change my style. I mean, I could. I could start wrestling and try to control it and take less chances. But then I could still get hit hard…I wanted to go out fighting the way I like to fight — exciting and fun.”

– Elias Cepeda

Alistair Overeem Denied License by Nevada State Athletic Commission, Can Reapply in Nine Months

By Elias Cepeda

Following a hearing held earlier today, the Nevada State Athletic Commission denied UFC #1 heavyweight contender Alistair Overeem‘s request to be licensed to compete in the state. Overeem will not be allowed to reapply for a license in Nevada for nine months.

Because most states respect one another’s rulings and licenses — and because the UFC has a working practice of not circumventing U.S. athletic commission decisions by placing unlicensed or suspended fighters on foreign cards — Overeem will likely not be able to make a living fighting for the next nine months. He already lost out on his chance to challenge champion Junior Dos Santos May 26th because of his recent drug test, in which he came up positive for an dramatically elevated testosterone-to-epitestosterone level.

Overeem was represented at his hearing by well-known attorney David Chesnoff. Chesnoff attempted to make the case the Overeem’s elevated levels were the result not of an attempt to enhance Overeem’s performance but rather of anti-inflammatory injections administered and prescribed by a Dallas-area doctor to help Overeem heal from injuries incurred in training and re-aggravated while fighting that the fighter was not told also contained testosterone.

By Elias Cepeda

Following a hearing held earlier today, the Nevada State Athletic Commission denied UFC #1 heavyweight contender Alistair Overeem‘s request to be licensed to compete in the state. Overeem will not be allowed to reapply for a license in Nevada for nine months.

Because most states respect one another’s rulings and licenses — and because the UFC has a working practice of not circumventing U.S. athletic commission decisions by placing unlicensed or suspended fighters on foreign cards — Overeem will likely not be able to make a living fighting for the next nine months. He already lost out on his chance to challenge champion Junior Dos Santos May 26th because of his recent drug test, in which he came up positive for an dramatically elevated testosterone-to-epitestosterone level.

Overeem was represented at his hearing by well-known attorney David Chesnoff. Chesnoff attempted to make the case the Overeem’s elevated levels were the result not of an attempt to enhance Overeem’s performance but rather of anti-inflammatory injections administered and prescribed by a Dallas-area doctor to help Overeem heal from injuries incurred in training and re-aggravated while fighting that the fighter was not told also contained testosterone.

Although the prescribing doctor, Hector Molina, was present at the hearing, Chesnoff requested a rare continuance from the commission so that he could bring in more expert witnesses. Chesnoff requested a continuance of 45-60 days but was denied by the commissioners, several of whom cited reasons of not wanting Overeem to have to wait up to two more months before being able to reapply for a license should his request not be granted, and not wanting the public to engage in months more of speculation.

Commissioners also commented how they did not see how any additional expert witnesses would change the evidence they had before them, namely Overeem’s late March test results. That stance would prove to be telling of the commission’s overall decision to not grant Overeem a license.

The commissioners asked Overeem and his doctor Molina question after question, but ultimately no responses from either could change the positive test’s position of utmost importance to the commission. “[Overeem] fights like a champion and I have no reason to believe he [uses] steroids,” one commissioner said. ”What I do know is that the test reflects a 14:1 ratio…What I do know is that I have a positive test in front of me,” he continued.

The commission did not use language impugning Overeem’s character, but rather his poor judgement in getting injections without knowing their content, from a doctor he said he did not research on his own. Overeem said that he became a patient of Dr. Molina on the basis of a recommendation from his friend and fellow UFC veteran, Tra Telligman, a Texas resident.

Johnny Benjamin, a physician and Association of Boxing Commissions’ MMA Medical Subcommittee member, recently wrote in his MMA Junkie column that Overeem’s defense was dubious.

“It is not uncommon for injured contact- or combat-sports athletes to require anti-inflammatory injections during their training. These injections usually consist of a short-acting anesthetic (lidocaine, xylocaine or marcaine) plus a glucocorticoid (cortisone). This injection immediately numbs the injury, and the cortisone provides longer lasting anti-inflammatory properties. 

These injections are legal but must be disclosed on any and all pre-competition or random-screening paperwork. 

Cortisone is a glucocorticoid steroid, which is much different than an anabolic steroid such as testosterone (T) and many of the synthetic performance-enhancing drugs (PED) with which the sporting world is unfortunately all too familiar. 

Testosterone is never included in these injections for any legitimate purposes. 

In the U.S., if a physician, in fact, injected him he with testosterone without his knowledge and consent, he should file a complaint with the appropriate state board of medicine and file charges with law enforcement. 

If he is unwilling to do so, it speaks volumes as to the truthfulness of his assertions,” Benjamin wrote.

It is unknown whether or not Overeem has filed such a complaint against Dr. Molina, but the doctor referred to Overeem as a patient during the hearing and Overeem denied having any anger towards Molina when asked how it felt to be sitting next to him at the hearing by a commissioner.

A medical doctor by the name of Hector Oscar Molina practicing in the same area as Overeem’s Dr. Hector Molina was sanctioned in 2004 for not properly establishing “proper physician-patient relationships.” Dr. Molina was fined $25,000 and had restrictions placed on his practice by the Texas State Board of Medical Examiners for prescribing controlled substances over the Internet, according to the Star-Telegram.

During today’s hearing in Nevada, Dr. Molina said that he has served as a ringside physician for the state of Texas since 2005. A Hector Oscar Molina listing his profession as medical doctor in the same Irving, Texas area was also arrested in 2010 on domestic family charges. (We have not confirmed if these are all the same person, but they all share the same name, profession, and area of residence and work.)

Commissioner Pat Lundvall addressed Overeem after the commission’s decision was handed down, telling him that he had to think more carefully about “who it is you have as a manager [and] who it is you have as medical professionals,” she said. “You need high quality advice.”

We will continue to bring you more on this story and the aftermath, as it all develops.

Silva vs. Sonnen II Moved to UFC 148, July 7th in Las Vegas

By Elias Cepeda

(The Silva/Sonnen staredown nuzzledown from today’s press-conference, via MMAMania.)

The good news? Anderson Silva and Chael Sonnen will indeed rematch one another this summer. The bad news, at least for Brazilian fans, is that the mega bout will not take place in Brazil as originally planned, but rather in Las Vegas.

UFC President Dana White convened a press conference in Rio this morning, breaking the news alongside middleweight champion Silva and #1 contender Sonnen. White said he wanted to secure a soccer stadium in either Sao Paulo or Rio de Janiero for UFC 147, with Silva vs. Sonnen headlining, but that “everything that could go wrong, went wrong.” That included a United Nations conference being scheduled in Rio during the weekend UFC 147 was originally scheduled for, creating an insurmountable logistical nightmare for the promotion.

Silva vs. Sonnen II will now be moved to UFC 148 on July 7th at the MGM Grand Garden Arena in Vegas. UFC 147 will still take place in Brazil, though White said a venue has yet to be secured. The event is scheduled to feature the rematch between Vitor Belfort and Wanderlei Silva, as well as the middleweight and featherweight finals of TUF Brazil. White said that the UFC is also working on moving Jose Aldo to that card from his UFC 149 engagement, against an opponent to be named later.

By Elias Cepeda

(The Silva/Sonnen staredown nuzzledown from today’s press-conference, via MMAMania.)

The good news? Anderson Silva and Chael Sonnen will indeed rematch one another this summer. The bad news, at least for Brazilian fans, is that the mega bout will not take place in Brazil as originally planned, but rather in Las Vegas.

UFC President Dana White convened a press conference in Rio this morning, breaking the news alongside middleweight champion Silva and #1 contender Sonnen. White said he wanted to secure a soccer stadium in either Sao Paulo or Rio de Janiero for UFC 147, with Silva vs. Sonnen headlining, but that “everything that could go wrong, went wrong.” That included a United Nations conference being scheduled in Rio during the weekend UFC 147 was originally scheduled for, creating an insurmountable logistical nightmare for the promotion.

Silva vs. Sonnen II will now be moved to UFC 148 on July 7th at the MGM Grand Garden Arena in Vegas. UFC 147 will still take place in Brazil, though White said a venue has yet to be secured. The event is scheduled to feature the rematch between Vitor Belfort and Wanderlei Silva, as well as the middleweight and featherweight finals of TUF Brazil. White said that the UFC is also working on moving Jose Aldo to that card from his UFC 149 engagement, against an opponent to be named later.

During today’s press conference, Anderson Silva said that he was “not happy that the fight wont be in Brazil,” but that he has “fans worldwide…nothing will really change.”

Sonnen, who’s had a well-documented history of insulting Brazil and its people, also said he was disappointed to not be fighting in the country. “Especially [losing out on] coming to a stadium,” Sonnen explained. “St. Pierre vs. Shields was in a stadium with 55,000 people watching and I was hoping to be a part of breaking that…The plan was to come here, take your money, come take [Silva’s] belt and go back to America.”

Dana White Says BJ Penn Will Be Back

Bj Penn Matt Hughes UFC 123

Last week we showed you a BJ Penn video interview from Karyn Bryant in which the former champion vaguely spoke about his future, saying he had no plans to fight but refusing to say the word “retire.” However, according to UFC president Dana White, Penn told him that same week in Stockholm that he would in fact fight again.

“I heard some sh_t that he said he was going to retire and all this stuff,” White said. “[BJ] was like, ‘Nah, I’m going to fight again,'” MMA Fighting reports.

So there you have it. Despite saying that he was “done,” after losing to Nick Diaz last October, BJ will scrap again, according to his boss. I suppose we all figured as much, considering how much Penn loves fighting and how much money he makes doing it.

But the question is, who would BJ fight? Penn has only won one bout in his last five, albeit all against very top competition. At lightweight, the 33 year-old has seemed to have lost a bit of of quickness and reaction time — which is death in the lighter weight classes, and specifically for astalking counter-puncher like Penn. At welterweight, Penn is forced to pack on 15 pounds of unnecessary bulk, which has always been unfair but his crazy talent still allowed him to be successful there.

Bj Penn Matt Hughes UFC 123

Last week we showed you a BJ Penn video interview from Karyn Bryant in which the former champion vaguely spoke about his future, saying he had no plans to fight but refusing to say the word “retire.” However, according to UFC president Dana White, Penn told him that same week in Stockholm that he would in fact fight again.

“I heard some sh_t that he said he was going to retire and all this stuff,” White said. “[BJ] was like, ‘Nah, I’m going to fight again,’” MMA Fighting reports.

So there you have it. Despite saying that he was “done,” after losing to Nick Diaz last October, BJ will scrap again, according to his boss. I suppose we all figured as much, considering how much Penn loves fighting and how much money he makes doing it.

But the question is, who would BJ fight? Penn has only won one bout in his last five, albeit all against very top competition. At lightweight, the 33 year-old has seemed to have lost a bit of of quickness and reaction time — which is death in the lighter weight classes, and specifically for astalking counter-puncher like Penn. At welterweight, Penn is forced to pack on 15 pounds of unnecessary bulk, which has always been unfair but his crazy talent still allowed him to be successful there.

There are guys Penn could fight and beat out there in the UFC, but it doesn’t look like he has a great chance to reclaim the lightweight or welterweight titles. So, will a fighter who has prided himself on only fighting the best of the best be content to hang around as a gatekeeper?

Or is Penn perhaps just looking for one or two big fights with other stars who are not in the title hunt? Who would you like to see BJ fight, nation? Should he smack Matt Hughes around some more? Settle the score with Matt Serra or Caol Uno? Should Penn poi-up and challenge the winner of Junior Dos Santos vs. Frank Mir in a Hawaii super-event?

The #RallyforMarkHunt fan campaign didn’t work, but maybe #BJvsFedor will!

Elias Cepeda