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This thread is probably a week late, but there’s been a lot of chatter about the DoG, AC litigation in the past, and the RYS challenge. It’s spread out over 3 or 4 threads and hard to follow.

To streamline things, here’s some of the relevant documents:

The DoG

The third and current iteration of the DoG (1887, as amended by the NYSC in 1956 and 1985): https://drive.google.com/file/d/1ubNz7UyvQ6e9BUqEvzKzG4ZkfGxX5E5W/view

  • If anyone has access to copies of the first and second editions, I'll post them here.

Case Law

The Court of Appeals of New York decision in Mercury Bay Boating Club inc. v. San Diego Yacht Club (1990): https://www.nycourts.gov/reporter/archives/mercury_sandiego.htm

The Court of Appeals of New York decision in Golden Gate Yacht Club v. Société nautique de Genève (2009): https://casetext.com/case/golden-gate-yacht-club-v-societe

  • Would be good to post also the lower court decisions and arbitral decisions of the AC Arbitration Panel, if they aren’t confidential

Legal Commentary

George Schuyler (1992), The Litigation of the America’s Cup Runneth over with Inconsistencies: A New Approach to Interpreting Charitable Trusts”, Loyola of Los Angeles Entertainment Law Review: https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1235&context=elr

  • Weird, I know. It’s not the George Schuyler, but which George Schuyler is it? A better title might have been “Schuyler on Schuyler: A Charitable Interpretation of the Schuyler Trust”

Joseph F. Dorfler, (2011) “America America's Cup in America s Cup in America's Court: Golden Gate Yacht Club v. Societe Nautique de Geneve: https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1034&context=mslj

Karen Katonah (1989), “The America 's Cup Race 1988: A Competition for Sailors or Solicitors? Mercury Bay Boating Club v. San Diego Yacht Club, 150 A.D.2d 82, 545 N.Y.S.2d 693 (N.Y. App. Div. 1989)” https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1136&context=umeslr

The Challenge

I haven’t found the RYS challenge anywhere, but someone (Eyesailor? 45roller?) did post what looked to be a clause from the challenge that favoured the use of AC75s for AC38. Would be good to see the text in full.  

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As requested, here in the second or third post are links to all the Deeds, Resolutions etc. Or you just use Wikisource. 

The current DoG, just in case someone is too lazy to click above link:

DoG.pdf

 

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36 minutes ago, Will_Co said:

This thread is probably a week late, but there’s been a lot of chatter about the DoG, AC litigation in the past, and the RYS challenge. It’s spread out over 3 or 4 threads and hard to follow.

To streamline things, here’s some of the relevant documents:

The DoG

The third and current iteration of the DoG (1887, as amended by the NYSC in 1956 and 1985): https://drive.google.com/file/d/1ubNz7UyvQ6e9BUqEvzKzG4ZkfGxX5E5W/view

  • If anyone has access to copies of the first and second editions, I'll post them here.

Case Law

The Court of Appeals of New York decision in Mercury Bay Boating Club inc. v. San Diego Yacht Club (1990): https://www.nycourts.gov/reporter/archives/mercury_sandiego.htm

The Court of Appeals of New York decision in Golden Gate Yacht Club v. Société nautique de Genève (2009): https://casetext.com/case/golden-gate-yacht-club-v-societe

  • Would be good to post also the lower court decisions and arbitral decisions of the AC Arbitration Panel, if they aren’t confidential

Legal Commentary

George Schuyler (1992), The Litigation of the America’s Cup Runneth over with Inconsistencies: A New Approach to Interpreting Charitable Trusts”, Loyola of Los Angeles Entertainment Law Review: https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1235&context=elr

  • Weird, I know. It’s not the George Schuyler, but which George Schuyler is it? A better title might have been “Schuyler on Schuyler: A Charitable Interpretation of the Schuyler Trust”

Joseph F. Dorfler, (2011) “America America's Cup in America s Cup in America's Court: Golden Gate Yacht Club v. Societe Nautique de Geneve: https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1034&context=mslj

Karen Katonah (1989), “The America 's Cup Race 1988: A Competition for Sailors or Solicitors? Mercury Bay Boating Club v. San Diego Yacht Club, 150 A.D.2d 82, 545 N.Y.S.2d 693 (N.Y. App. Div. 1989)” https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1136&context=umeslr

The Challenge

I haven’t found the RYS challenge anywhere, but someone (Eyesailor? 45roller?) did post what looked to be a clause from the challenge that favoured the use of AC75s for AC38. Would be good to see the text in full.  

I've got the link to the first appeal in the SDYC v. MB.  I'll find and update here

https://casetext.com/case/boating-club-v-yacht-club/?PHONE_NUMBER_GROUP=C

This is the decision from the Appellate Division of the Supreme Court of NY

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12 minutes ago, EYESAILOR said:

There has not been a law suit since 2009.   I , for one, hope that this thread turns out to be irrelevant.

Here is one from 2013 where a USA yacht club sued to become part of a planned "Defender Series" which oracle was planning to hold.   

https://casetext.com/case/african-diaspora-mar-corp-v-golden-gate-yacht-club?q=America's Cup&PHONE_NUMBER_GROUP=C&sort=relevance&p=1&type=case

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20 minutes ago, EYESAILOR said:

There has not been a law suit since 2009.   I , for one, hope that this thread turns out to be irrelevant.

Ramen!

image.jpeg.aa362d5b1ba104e0d1f1ac1a27d61a20.jpeg

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14 minutes ago, EYESAILOR said:

There has not been a law suit since 2009.   I , for one, hope that this thread turns out to be irrelevant.

Of course no one wants to see the AC back in court. But since we've been on the topic since AC36 ended, might as well have the references at hand.    

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2 minutes ago, Will_Co said:

Of course no one wants to see the AC back in court. But since we've been on the topic since AC36 ended, might as well have the references at hand.    

Oh......I think its great to have......but as I said, I hope with all my heart that it turns out to be irrelevant.

 

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I don’t know if there were ever any other pleadings in that case, my memory is that it settled quickly and quietly (and the rumor was that dalts got a big check). Memory ain’t great these days though. 

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8 minutes ago, Rennmaus said:

What I cannot find is any documents about this case:

0600662/2008: TEAM NEW ZEALAND Ltd. vs. SNG 

https://iapps.courts.state.ny.us/webcivil/FCASSearch?txtIndex=06006622008 &cboCounty=30&from=Y

I might have some files in my archives, I'll have a look later.

I can't read the docs without a subscription, but it looks like an anti-trust suit that the plaintiffs (ETNZ) voluntarily dismissed. 

https://www.pacermonitor.com/public/case/13215881/Team_New_Zealand_Limited_v_Nautique_De_Geneve_et_al

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7 minutes ago, MR.CLEAN said:

I don’t know if there were ever any other pleadings in that case, my memory is that it settled quickly and quietly (and the rumor was that dalts got a big check). Memory ain’t great these days though. 

I found 10MB of documents in one of my AC33 folders, called "Shit Fight" :), like the legendary thread.

Folder 1 of 2:
ETNZ vs SNG et al - 1.zip

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3 hours ago, MR.CLEAN said:

So a complaint and reply and then a dismissal. 

Voluntary dismissal by the plaintiff. It was mentioned above that it was probably settled out of court via monetary compensation. 

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41 minutes ago, Blitzkrieg9 said:

Voluntary dismissal by the plaintiff. It was mentioned above that it was probably settled out of court via monetary compensation. 

Not enough money to stop Dalts moaning about being underfunded though...

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15 minutes ago, Gissie said:

Not enough money to stop Dalts moaning about being underfunded though...

I've learnt over the years that such a sum does not exist.

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14 hours ago, Blitzkrieg9 said:

Voluntary dismissal by the plaintiff. It was mentioned above that it was probably settled out of court via monetary compensation. 

“It was mentioned above” by me, and there is no “probably”. At the time I reported that the settlement was said by a good source to be “high 7 figures”

 

 

 

 

 

 

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1 minute ago, MR.CLEAN said:

“It was mentioned above” by me, and there is no “probably”. At the time I reported that the settlement was said by a good source to be “high 7 figures”

So Ernie helped ETNZ to survive AC33. Good on him :lol::lol:.

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