Armstrong files Restraining Order suit against USADA (Page 2)
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2012-07-10 12:25 PM in reply to: #4303521 |
Master 5557 , California | Subject: RE: Armstrong files Restraining Order suit against USADA E=H2O - 2012-07-10 9:34 AM There is one thing about Armstrong's strategy that seems disingenuous. He and his pepole continue to call foul because the USADA has not released the name of all the witnesses who will be testifying that they saw him doping. USADA claims that they are protecting them from harassment and intimidation. If they had released the names guess who Armstrong would have added to the lawsuit. Talk about harassment and intimidation. If you speak up against Lance you get sued. He'll have plenty of time to question their testimony as the case goes forward. Even stranger is that he makes all sorts of allegations against the defendants in the case. Why do that in a legal complaint and not in a press conference? For the simple reason that he can claim anything he wants regardless of the truth (unless he certifies the facts to be true under oath). No one can ask questions, and if they do he can just claim that his lawyers have instructed him not to speak about it while his lawsuit is pending agains the USADA. Clever. The thing is, if this were a real case and not the USADA's make-believe court of law, they'd BE REQUIRED to provide a defendant with all that information. That's part of Lance's complaint. It isn't harassment to defend yourself from accusation. Edited by spudone 2012-07-10 12:25 PM |
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2012-07-10 12:32 PM in reply to: #4303662 |
Master 1325 Lake Oswego, OR | Subject: RE: Armstrong files Restraining Order suit against USADA spudone - 2012-07-10 10:25 AM Yes that is true. But if his actions or those of his lawyers appeared to be in anyway as an attempt to harass witnesses, the judge assigned to the case could find them in contempt and fine or imprison them. As a rule that threat is enough to get folks to behave. Properly. Of course the USADA arbitration panel has no sucH inherent authorityE=H2O - 2012-07-10 9:34 AM There is one thing about Armstrong's strategy that seems disingenuous. He and his pepole continue to call foul because the USADA has not released the name of all the witnesses who will be testifying that they saw him doping. USADA claims that they are protecting them from harassment and intimidation. If they had released the names guess who Armstrong would have added to the lawsuit. Talk about harassment and intimidation. If you speak up against Lance you get sued. He'll have plenty of time to question their testimony as the case goes forward. Even stranger is that he makes all sorts of allegations against the defendants in the case. Why do that in a legal complaint and not in a press conference? For the simple reason that he can claim anything he wants regardless of the truth (unless he certifies the facts to be true under oath). No one can ask questions, and if they do he can just claim that his lawyers have instructed him not to speak about it while his lawsuit is pending agains the USADA. Clever. The thing is, if this were a real case and not the USADA's make-believe court of law, they'd BE REQUIRED to provide a defendant with all that information. That's part of Lance's complaint. It isn't harassment to defend yourself from accusation. |
2012-07-10 12:39 PM in reply to: #4303636 |
Austin, Texas or Jupiter, Florida | Subject: RE: Armstrong files Restraining Order suit against USADA tuwood - 2012-07-10 1:16 PM moneyman - 2012-07-10 12:07 PM GomesBolt - 2012-07-10 10:44 AM Sorry to the lawyers out there for this next comment, but I don't give a rip about taking the Judge's time. Judges are just people. We're all Citizens. If you pay the court fees for filing a frivolous PR document, that's your perogative. I really don't care how busy that Judge is because he could always step down and make a killin' being an attorney and filing his own frivolous lawsuits...There are certainly more appropriate examples of frivolous lawsuits brought to federal judges every day. This is just disturbing. You do not have a right to abuse the court system. Being a citizen and paying a filing fee doesn't entitle you to do anything you want. True, but you do have the right to file a case, for pretty much anything you want. I'm not saying its right, but it is our system. I know there are some states that have laws where the defendant can file a malicious prosecution and the judge could make the plaintiff pay for court costs, etc... Just this year in Nebraska they passed a law limiting inmates to three strikes on frivilous lawsuits. Sorry I disturbed you, but we do have the right to file any stupid suit we want and the judge can toss it. It happens every day and you know it. I'm sure at law school they taught you that it's unethical to do it, but you probably have classmates filing stupid lawsuits right today. Like Tuwood says, it's our system. E=H20's point is a good one that if you're going to be in front of a particular judge, don't tick him off from the get-go. But that's Armstrong's decision. Here's last years top 10 stupid lawsuits:http://www.businessnewsdaily.com/1848-10-ridiculous-lawsuits-2011.html |
2012-07-10 12:59 PM in reply to: #4303706 |
Master 1325 Lake Oswego, OR | Subject: RE: Armstrong files Restraining Order suit against USADA GomesBolt - 2012-07-10 10:39 AM [QUOTEHere's last years top 10 stupid lawsuits:http://www.businessnewsdaily.com/1848-10-ridiculous-lawsuits-2011.html Over the years I've wanted to sue Chuck E Cheese, but for different reasons. |
2012-07-10 1:15 PM in reply to: #4303757 |
Master 1967 | Subject: RE: Armstrong files Restraining Order suit against USADA E=H2O - 2012-07-10 12:59 PM GomesBolt - 2012-07-10 10:39 AM [QUOTEHere's last years top 10 stupid lawsuits:http://www.businessnewsdaily.com/1848-10-ridiculous-lawsuits-2011.html Over the years I've wanted to sue Chuck E Cheese, but for different reasons. Mostly for emotional distress claims after having to sit through kids' b-day parties. |
2012-07-10 1:41 PM in reply to: #4302157 |
Elite 4344 | Subject: RE: Armstrong files Restraining Order suit against USADA Catching Armstrong and proving his guilt may be one motive in the USADA investigation but I think another possible motive may be to obtain testimony from teammates in the methods Armstrong used to pass so many drug tests. I think the USADA may mainly want to know the masking methods and timing of doping that were so effective at passing drug tests. The information is needed to have better testing and enforcement in the future. We will be able to tell if the USADA is after Armstrong or after information about doping methods by the punishment. It is a bit unfair to put so much scrutiny on Armstrong and then give his titles to other riders who were probably doping also but were not studied quite vigorously. If they find him guilty and strip him of titles and do not change test methods then it was a vendetta. If they leave the titles alone, but talk about what was done and how it was done and how it will be detected in the future then it was the other motive. Right now, the USADA has some leverage with former Postal and Discovery riders that are still on the tour. Most of these guys are at the end of their racing careers. They need one more payday before riding off into the sunset. The USADA may be able to get them to tell all they know now whereas once they are retired they may be willing to go to their graves in silence on what and how they did whatever they did. I think the anti-doping authorities (UCI and USADA) were depending on the federal investigation to use its legal powers and threats of jail to get the information on how the cheating was done. When that failed (the federal investigation did not share any info with the USADA), the USADA decided to use their powers of coercion with current riders. I really want to see bicycle racing as an great sport and not a chemistry experiment. I am an optimist about human nature. I hope that this is all about seeking the truth and improving the sport. TW |
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2012-07-10 2:22 PM in reply to: #4302157 |
Master 1325 Lake Oswego, OR | Subject: RE: Armstrong files Restraining Order suit against USADA If Armstrong loses his titles they should not be passed on to other riders. I think it would signify the scope of the doping problem. There is no way to be sure the runner up was not doping, and in fact we know a few of them were for certain. |
2012-07-10 2:24 PM in reply to: #4303800 |
Member 5452 NC | Subject: RE: Armstrong files Restraining Order suit against USADA MUL98 - 2012-07-10 2:15 PM E=H2O - 2012-07-10 12:59 PM Mostly for emotional distress claims after having to sit through kids' b-day parties. GomesBolt - 2012-07-10 10:39 AM [QUOTEHere's last years top 10 stupid lawsuits:http://www.businessnewsdaily.com/1848-10-ridiculous-lawsuits-2011.html Over the years I've wanted to sue Chuck E Cheese, but for different reasons. Kids' birthday parties are a necessary evil. God-awful cardboard pizza is not.
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2012-07-10 2:41 PM in reply to: #4302157 |
Champion 16151 Checkin' out the podium girls | Subject: RE: Armstrong files Restraining Order suit against USADA Half of the plaintifs have pled guilty and taken a lifetime ban. So if Ferrari (team consultant and known LA consultant) and Del Moral (team doctor) and Marti (team trainer) admit guilt and did it, what does that mean for Armstrong, Bruyneel and Celeya (the other team doctor). http://www.cyclingnews.com/news/ferrari-del-moral-and-marti-banned-... It's over folks; no actual tour winner from 1999 through to Cadel Evans last year. |
2012-07-10 2:51 PM in reply to: #4303877 |
Not a Coach 11473 Media, PA | Subject: RE: Armstrong files Restraining Order suit against USADA tech_geezer - 2012-07-10 2:41 PM If they find him guilty and strip him of titles and do not change test methods then it was a vendetta. If they leave the titles alone, but talk about what was done and how it was done and how it will be detected in the future then it was the other motive. I share your hopes for their motives (improve the integrity of the sport), but I don't think they are in a position to do anything with his titles. I believe that is up to the UCI and TdF officials. And they don't even have to agree. I think Riis was taken off TdF winners list by the organizers, but the UCI has refused to officially strip him of the title. I could see the same thing happening with LA (assuming the investigation supported doing so). With the rationale being that you don't want to have to worry about handing the jersey to another doper--in Riis' case, it would appear to go to Ullrich. |
2012-07-10 2:57 PM in reply to: #4304111 |
Master 5557 , California | Subject: RE: Armstrong files Restraining Order suit against USADA JohnnyKay - 2012-07-10 12:51 PM tech_geezer - 2012-07-10 2:41 PM If they find him guilty and strip him of titles and do not change test methods then it was a vendetta. If they leave the titles alone, but talk about what was done and how it was done and how it will be detected in the future then it was the other motive. I share your hopes for their motives (improve the integrity of the sport), but I don't think they are in a position to do anything with his titles. I believe that is up to the UCI and TdF officials. And they don't even have to agree. I think Riis was taken off TdF winners list by the organizers, but the UCI has refused to officially strip him of the title. I could see the same thing happening with LA (assuming the investigation supported doing so). With the rationale being that you don't want to have to worry about handing the jersey to another doper--in Riis' case, it would appear to go to Ullrich. This was a sadly amusing reference to the top riders in the years Lance was winning: http://www.reddit.com/r/triathlon/comments/v0e5c/lance_armstrong_immediately_suspended_from/c50cvcv
who would you give the titles to? |
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2012-07-10 3:23 PM in reply to: #4302157 |
Master 1325 Lake Oswego, OR | Subject: RE: Armstrong files Restraining Order suit against USADA My favorite quote from Armstrong's Complaint in Federal Court (so far): "At the age of 12 Mr. Armstrong finished fourth in his age group in the Texas Youth Swimming Championship in the 1,500 meter freestyle event." How can the judge expect Armstong to layout his case against USADA without including that essential fact? |
2012-07-10 3:27 PM in reply to: #4304128 |
Master 1325 Lake Oswego, OR | Subject: RE: Armstrong files Restraining Order suit against USADA spudone - 2012-07-10 12:57 PM This was a sadly amusing reference to the top riders in the years Lance was winning: http://www.reddit.com/r/triathlon/comments/v0e5c/lance_armstrong_immediately_suspended_from/c50cvcv
who would you give the titles to? Apparently in all of those years only 2 of the top 5 riders have clean records and on of them is dead. I guess he doesn't have to worry about a lifetime ban if they start digging into his past. |
2012-07-10 10:36 PM in reply to: #4302157 |
Extreme Veteran 552 Wesley Chapel, Florida | Subject: RE: Armstrong files Restraining Order suit against USADA I haven't read the complaint or the order, so I don't necessarily disagree that this was filed more for PR than for an actual hope to get relief. That said, it is both possible, and getting more and more probable, to file an 80 page complaint and get it dismissed. The Supreme Court has recently (in the past three years or so, altering the last 50 years of pleading jurisprudence) tightened the Federal pleading standards and are requiring more detailed facts. They may have been trying to put in more facts to meet the new Iqbal standards, and missed anyway. So to be fair, and for the non-lawyers out there, there are a lot of technicalities in pleading a complaint, and there is a bit of shifting sands as trial courts work on applying the new standards, so it's not necessarily terrible lawyering to get the case dismissed the first time out with 20 days to re-plead.
Still, from the little snippet posted here, the judge didn't suffer fools gladly. |
2012-07-11 12:18 AM in reply to: #4302157 |
Pro 15655 | Subject: RE: Armstrong files Restraining Order suit against USADA I'm a Lance fan. Unfortunately, he's making me sick and tired of him. I don't want to be, but I'm getting there. Nobody could win 7 in that era without doping, anymore than MLB home run kings could remain competitive without "help". Help the "powers that be" figure out how to detect and manage doping for the good of the sport and move on. I can respect that. I can remain a fan of Armstrong under that scenario. What he is doing is stupid.....and makes him look like an idiot. See Barry Bonds, Roger Clemens, Mark Macguire, etc. Edited by Left Brain 2012-07-11 12:21 AM |
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