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Phloyd v. Lance survives Summary Judgment
 

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dan emery
Joined: 11 Jan 2004
Posts: 5787
Location: Maine

2/15/17 2:44 PM

Phloyd v. Lance survives Summary Judgment

Lance's summary judgment motion has been denied in the whistleblower lawsuit originally brought by Phloyd, which the government now has taken over.

Lance's argument that there were no damages because the government profited from the endorsement was held insufficient to entitle him to judgment prior to trial; rather, that will be a question for the jury.

Apparently it is thought there could be a trial this fall, if the case doesn't settle.

The government seeks a total of about $100,000,000 (the statue allows treble damages), of which Phloyd could get up to 25%.

http://www.usatoday.com/story/sports/cycling/2017/02/13/lance-armstrong-lawsuit-federal-judge-denies-request/97860084/

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Sparky
Joined: 08 Dec 2003
Posts: 15835
Location: Portland, OR

2/15/17 3:02 PM

"The government seeks a total of about $100,000,000 (the statue allows treble damages), of which Phloyd could get up to 25%. "

Correct me if wrong. 25% which LA can negate with bankruptcy. Although that won't be the case with the Guv, have to settle that one. ;)

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dan emery
Joined: 11 Jan 2004
Posts: 5787
Location: Maine

2/15/17 3:06 PM

Bankruptcy

I think Phloyd gets up to 25% out of whatever the government gets - they are not separate claims.

I don't know how bankruptcy might play into it. You can't get blood from a stone, but I don't know Lance's current financial situation.

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Sparky
Joined: 08 Dec 2003
Posts: 15835
Location: Portland, OR

2/15/17 3:33 PM

The interwebs indicate a net worth of 125m

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PLee
Joined: 08 Dec 2003
Posts: 3504
Location: Brooklyn, NY

2/16/17 9:03 AM

I think it will be tough for the government to prove much by way of damages. They got a ton of publicity out of LA and none of the reputational hit. Could USPS have milked the relationship for more positive publicity if LA had been clean? Tough to see given everything blew up after LA was pretty much done racing.

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dan emery
Joined: 11 Jan 2004
Posts: 5787
Location: Maine

2/16/17 9:37 AM

maybe

That is certainly Lance's theory, which didn't get him SJ (which is not to say that it couldn't prevail at trial).

I think this is really a case for a Remedies scholar, which I am not. If Postal Service wouldn't have entered into the agreement, but for the fraud, it seems to me there should be a remedy regardless of the outcome of the endorsement. Plus they can certainly argue negative publicity from the ultimate exposure. And a jury gets to decide (though I can't predict what sort of instructions they may be given).

So I don't know how it may come out, but I think it will be interesting. Apparently the government feels there is enough there to put a lot if resources into it, and I seem to recall that Lance offered maybe $5 million to settle quite awhile ago.

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daddy-o
Joined: 12 Apr 2004
Posts: 2855
Location: Springfield

2/16/17 12:40 PM

Could USPS have milked the relationship for more positive publicity if LA had been clean?

That's great!

"For all your package shipping needs, our guy's clean!"

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dan emery
Joined: 11 Jan 2004
Posts: 5787
Location: Maine

2/16/17 1:22 PM

Thinking out loud

I haven't read the pleadings, but it sounds like the govt is seeking a Restitution remedy, where Lance would be required to disgorge the money he obtained by virtue of fraud. That was 30 some million, tripled under the statute gives you the approximately $100,000,000. This is a different remedy than lost profits or economic harm.

I'll stop now as I really don't know what I'm talking about...:)

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/17/17 5:57 PM

It seems that the government has a tough hill to climb...

...to prove any injury to the USPS. Lance's relationship with them ended years before there was any negative publicity and nobody in the general public associated him with the Postal Service at that point (only cyclists like us actually remember). Their claim of damage seems specious at best. I suspect that this is really more about retribution for embarrassment than anything else.

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dan emery
Joined: 11 Jan 2004
Posts: 5787
Location: Maine

2/17/17 6:24 PM

So

I guess Lance's position is that he should reap the rewards of his fraud because he defrauded the public as effectively as he defrauded USPS.

Fraud changes a lot of things in the law. Could be as simple as "We paid you $30 million that we wouldn't have if you hadn't lied about a material condition of the contract - pay it back."

I don't know what will happen, but I think there's a significant chance he'll either settle for a significant amount or get hammered. I could of course be wrong.

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/18/17 7:03 AM

I'm obviously not a lawyer...

...but I strongly suspect that this will be settled, perhaps for the original amount that Lance was paid. I just don't see how damage could be proven. Regardless, Floyd is going to get a nice payday to help fund his dope selling business.

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Sparky
Joined: 08 Dec 2003
Posts: 15835
Location: Portland, OR

2/18/17 2:34 PM

"Floyd is going to get a nice payday to help fund his dope selling business"

Doper's business is selling dope. LOL

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/18/17 8:27 PM

Yeah...

...pretty ironic, isn't it?

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/18/17 8:28 PM

Yeah...

...pretty ironic, isn't it?

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Sparky
Joined: 08 Dec 2003
Posts: 15835
Location: Portland, OR

2/18/17 9:00 PM

Yep!

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Sparky
Joined: 08 Dec 2003
Posts: 15835
Location: Portland, OR

2/18/17 9:00 PM

Yep! ;)

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daddy-o
Joined: 12 Apr 2004
Posts: 2855
Location: Springfield

2/19/17 9:20 AM

A little whiskey, some cortisone cream, and the greatest comeback of all time, Phloyd was phramed!!!

Gotta hand it to him, if you're trying to fool the world make it big. Zero is zero, but the heights are unlimited.

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/20/17 6:20 AM

The thing is...

...that was still one of the gutsiest rides in TDF history, regardless of the ultimate outcome. To push through the pain of a crumbling hip for the entire race, lose 7 minutes one day, then take it back the next on an all-day solo attack was an incredible spectacle to watch!

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daddy-o
Joined: 12 Apr 2004
Posts: 2855
Location: Springfield

2/20/17 6:32 AM

That's what I was trying to convey in my backhanded way. It was a brilliant ride.

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Brian Nystrom
Joined: 26 Jan 2004
Posts: 3778
Location: Nashua, NH

2/20/17 7:28 AM

It's sad that some of the greatest rides...

...like Floyd's, Lance's (multiple), Tyler's, Marco's and others have been tainted by doping. They all displayed incredible courage, tenacity, grit and a "never say die" attitude that's truly inspirational. That's separate from whether their performance was doping-enhanced or not.

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