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Kelli White vs. Kim Collins

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    yes you are correct about the lines of communication regarding USATF athlete testing protocol and application of institutional punishment for the malfeasance, but there are some jurisdictional legal theories to which a saavy lawyer should turn to avoid the ultimate decision vesting in IAAF. Not to mention that US Federal Court is the proper venue for slander / libel when the parties are not from the same jurisdiction ( arguing diversity of jurisdiction). But thats just me talking. and I just love winning the tough cases. I'm just saying that KW's looks like a tough case.

    Skip Davis
    Austin

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    >US Federal Court? As I understand it, that can't
    >happen. The chain runs from USATF/USADA through
    >WADA/IAAF to CAS, no?

    You're right about the courts. They don't get into it at all. It goes from the IAAF to USATF, which turns it over to USADA, which sends it to an arbitration hearing, which either the athlete or the IAAF can appeal to CAS. That's it. No WADA involvement and no appeal from CAS to a court, Federal or otherwise.

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    US Federal Court? As I understand it, that can't happen. The chain runs from USATF/USADA through WADA/IAAF to CAS, no?

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    >I was reading an old TFN last night and was
    >reminded that Kim Collins had a positive drug
    >test after winning the Commmonwealth Games 100
    >last year. For the banned substance salbutamol,
    >which is an asthma medication. While salbutamol
    >is banned, you can get an exception for medical
    >need, but Collins didn't declare it on his form.
    >Sound familiar?

    The Commonwealth Games
    >Federation was in charge of testing. They let him
    >off, saying, "The use of salb. is permitted
    >under certain conditions and the levels found in
    >his sample were consistent with normal theraputic
    >use and was not considered to be performance
    >enhancing."

    TFN then concluded, "Yet to be
    >revealed is how the IAAF--which tends to take a
    >sterner view in situations like this--will
    >react." Obviously the IAAF didn't react.

    So,
    >to sum up: Collins forgot to declare an illegal
    >substance but it was OK. White forgot to declare
    >a substance which was NOT ILLEGAL AT THE TIME and
    >she's being crucified. As Desi would say,
    >"Splain it to me Luci!"

    Looks to me like they are prosecuting Kelli because nobody buys the narcolepsy argument. USADA findings will be interesting, but not final result because IAAF can appeal. This entire ordeal has the potential of winding up in the US Federal Court system and lasting a long, long time. Being a litigation attorney, I love this stuff and, in Kelli's case I find there are many many analyses of KW case, matters of extenuation and mitigation, but unfortunately there are but a few interesting models for resolution. on final, i can only say this: buckle up. this is gonna be a bumpy ride! Skip Davis

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  • DentyCracker
    replied
    Re: Kelli White vs. Kim Collins

    I'm willing to bet azzkicker=dajett

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    ive never seen kelli fall asleep in da blocks

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    Well you know we do have to Body building contest for the Weight lifters that are so call Natural.. what does that say to the other body builders who compete for Mister univers...etc.. etc..

    Leave a comment:


  • michael lewis
    replied
    Re: Kelli White vs. Kim Collins

    "And nobody seems to care."

    Sooner or later if we all get sick of it they can just take whatever they want and make it incumbent on those who are concerned for their health to learn to minimize/mitigate side-effects. Put the onus on athletes to take care of their own health and tell them to buzz off. Would that work? Or would the clean athletes be the ones launching lawsuits?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    doesn't anyone realize "WORLD" records are always being broken... is there any world record that is out of reach? No!! Micharl Johnson's 200 meter record? (no)... Some day and I think some day soon, it may be challenged... Although no one has gone under 20.00 this year. it is going to happen... When Marion came back to track from Basketball and 10.7 no one was saying anything..It's human nature to want to be the best. or better!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    >Sad but true, so many >athletes in so many sports test positve for >drugs.<

    Sadder yet. So many athletes in so many sports are not tested at all. And nobody seems to care.

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    So what happens when Kelli no longer wants to compete and every one was looking forward to seeing Kelli Vs. Marion? At what price do we pay for entertainment... Are we Entertained by Kelli's test results? How many people you think picked up the phone or jump online, right away and contacted a friend to say, "hey did you hear about Kelli drug test?"... and rather then wondering if it was true.. just say, BUSTED!!! She should be able to keep the medals and the money....
    Oh well... It's not the first time and wont be the last. Sad but true, so many athletes in so many sports test positve for drugs.

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  • Jefferson Buffalo
    replied
    Re: Kelli White vs. Kim Collins

    >I was at commonwealth and, kim declared his
    medication to his federation. It was then their
    responsibility to notify the commonwealth games
    and THEY dropped the ball.<

    Maybe they had narcolepsy and were asleep at the switch.

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    I was at commonwealth and, kim declared his medication to his federation. It was then their responsibility to notify the commonwealth games and THEY dropped the ball.

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    >Has White ever
    >declared her congenital condition?
    >No one
    >belives her excuse or her claim to be a
    >narcoleptic..
    >Fake asthma is a widespread
    >complaint in athletics but appears to be
    >generally tolerated in professional circles.

    She has already used the asthma excuse.

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  • Guest's Avatar
    Guest replied
    Re: Kelli White vs. Kim Collins

    Collins got off mainly because he could show that he had declared the substance on a significant number of previous occasions.

    Has White ever declared her congenital condition?
    No one belives her excuse or her claim to be a narcoleptic..

    Fake asthma is a widespread complaint in athletics but appears to be generally tolerated in professional circles.

    Leave a comment:

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