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12 You Make the Call 1 (2010)

handle is hein.blasports/ansrvds0012 and id is 1 raw text is: 














Volume  12, Number  1


                                  {Spring/Summer  20101




Alternative Dispute Resolution

U.S. Olympic Comm.  v. Ruckman, 2010  WL 2179527  (D. N.J. May 28, 2010). The plaintiffs, the
USOC   and U.S. Rowing,  moved  to have an arbitration award awarded against the defendants
affirmed. In the underlying arbitration award, the defendants argued against the particular
manner  in which athletes were chosen for the Olympic Games. The panel found in favor of the
USOC   and U.S. Rowing.  Afterwards, only U.S. Rowing  moved  to have the award confirmed
under the Federal Arbitration Act. In response, the defendant filed a motion to have the case
removed  to federal court, which the court granted. There were two main issues before the court:
(1) the plaintiffs challenged the removal to federal court and (2) USOC moved for dismissal
because it was an improperly joined party. The court concluded that the case was improperly
moved  to federal court because there was neither a federal question nor complete diversity with a
damage  amount  in excess of $75,000. The court noted that the Amateur Sports Act specifically
states that it does not create a private right of action. Furthermore, the defendants never
requested monetary damages, only injunctive relief. The court also granted the USOC's motion
to dismiss the claims against it because it was improperly joined as a party. The court reasoned
that while the USOC was a party to the underlying arbitration, it was U.S. Rowing that moved to
have the arbitration award confirmed.


@ Copyright 2010, National Sports Law Institute of Marquette University Law School


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