Would we recognize the America’s Cup without a legal scrum?

Published on July 16th, 2013

(July 16, 2013) – The shortage of America’s Cup challengers is only matched by the lack of American teams eager to oppose the war chest of Larry Ellison and his Oracle Racing Team. During the entry phase, the only domestic entity willing to go public was the African Diaspora Maritime, but they did not survive the vetting process and were not accepted as an entrant.

That denial was not well received by ADM, which then filed suit against the Golden Gate Yacht Club, the holder of the America’s Cup. The wheels of justice paused on June 25, 2013 for the Appellate Division of the New York Supreme Court to announce it had upheld the lower court’s decision dismissing ADM’s claims for breach of trust and breach of fiduciary duty, but it reversed the decision of the lower court on ADM’s breach of contract claim.

So there remains fuel in the tank. Here’s an update from Charles M. Kithcart, President, African Diaspora Maritime…

“Due to the initial incredulity of this whole incident, ADM knew it could not win a media battle versus the current cup holder. However, we are acutely aware of the turning tide as we see many writers now asking the obvious and look to be more communicative.

“ADM will have a statement posted next week and give updates thereafter when merited. We had hoped for a 34th filled with many teams and many compelling story lines. ADM is not rooting for disaster and is heartbroken for Andrew Simpson’s family.

“Whether the public thought we could/should compete is now juxtaposed against a title sponsor asking for refunds, a city in need of receipts, and teams in need of opponents. A DSS with ADM certainly increases numbers across the board.

“Finally, the scarcity of Americans reaping a financial, experiential or career enhancing benefits should give this host nation pause.”

Would we recognize the America’s Cup without a legal scrum?

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