landis sued by uci?

[the big ring]

Did they interview him in Germany, or did they interview him in the US?

In November of last year, Landis appeared on German television and claimed that “it is known in the peloton” that the UCI has “protected some people” over the years. He also accused the UCI of taking bribes, conducting cover-ups and manipulating test results.

Difficult to tell.

http://www.cyclingnews.com/news/landis-suggests-that-clenbuterol-is-common-in-peloton

Sounds like he was in Germany?

Floyd Landis has given his first major European television interview, reiterating his doping charges against Lance Armstrong and giving credence to the doping charges against Alberto Contador. He also claimed that the International Cycling Union (UCI) protects certain riders.

Interviewed on the German state television channel ARD for the Sportschau show to be broadcast Sunday evening,

Usually when it's via satellite they say as much, but not always.

 

[JRTinMA]

Did they interview him in Germany, or did they interview him in the US?

I remember this pretty well and I think he was actually in Germany. Does that change anything legally?

 

[Elagabalus]

I remember this pretty well and I think he was actually in Germany. Does that change anything legally?

Switzerland isn't a full EU member. I don't think it would change anything legally. If anything it would be one more obstacle. IIRC, I believe Floyd besmirched the UCI but in the charging letter (if that's what you call it) it stated that floyd besmirched the name of Pat and Hein as individuals and not Pat and Hein together with the UCI--another obstacle again!

 

[JRTinMA]

Switzerland isn't a full EU member. I don't think it would change anything legally. If anything it would be one more obstacle. IIRC, I believe Floyd besmirched the UCI but in the charging letter (if that's what you call it) it stated that floyd besmirched the name of Pat and Hein as individuals and not Pat and Hein together with the UCI--another obstacle again!

They need to just leave the guy alone.

 

[ChewbaccaD]

Switzerland isn't a full EU member. I don't think it would change anything legally. If anything it would be one more obstacle. IIRC, I believe Floyd besmirched the UCI but in the charging letter (if that's what you call it) it stated that floyd besmirched the name of Pat and Hein as individuals and not Pat and Hein together with the UCI--another obstacle again!

Thanks, that's the piece I had no information on. Generally, I wouldn't think a US court would recognize that the Swiss court had personal jurisdiction over Floyd if he didn't make the statement there in light of that information, so they would likely kick out the case immediately. That and the fact that California is has not signed the Uniform Enforcement of Foreign Judgments Act, so it is even less likely the court would enforce any monetary judgment.

And JRT, I agree completely. It seems to me that Floyd has taken the biggest *** kicking of any rider busted for doping...well, until all of the information about Armstrong comes to light.

EDIT: I stand corrected. The source I read earlier today stated that California was not a signatory to the UEFJA, and they aren't. However, they did sign the Uniform Foreign Country Money Judgment Recognition Act. MarkVw PM'd me some info on it, so I will wade through. I still stand by the fact that personal jurisdiction is an essential element, but I will read what if any information may counter this (though I don't think it will).

EDIT II: Personal jurisdiction is essential. So I stand by my statement that that doesn't exist in this case as Floyd didn't make the statements in Switzerland.

EDIT III: But I have been wrong a number of times on this thread, so take my assurance with a grain of salt.

 

[Kender]

And JRT, I agree completely. It seems to me that Floyd has taken the biggest *** kicking of any rider busted for doping...well, until all of the information about Armstrong comes to light.

well to be fair he did bring alot of it down upon himself with his FFF

 

[sittingbison]

I would love to see Fat Pat and Hein prove they are not corrupt given the details about to come forth in Tylers book, AND that Armstrong et al have been charged and found guilty of conspiracy including the 2001 TdS cover up.

Fat chance.

BTW I don't know how it works in Switzerland, but in TV shows usually the defendant is tricked into receiving a summons (usually a divorce by ex such as Kik or Sheryl) by an unscrupulous private detective dressed up as a pizza delivery boy. In Australia, which is admittedly slightly larger than Switzerland, when we want to know mail has been delivered and received, we send it "Registered Mail" which means the postman gets the recipient to sign a receipt. It costs about $2 instead of 50c. Sometimes lawyers and the like even use things called "couriers" (professional delivery companies), that personally deliver mail from the sender to the receiver. That costs around $5. And then we have a delightfully old fashioned institution called "the bailiff" (we are after all an ex-Brit colony - penal at that), who is basically the postman for the court. So when the court wants you to get something important they send around the bailiff.

It looks though like Col Fat Pat Kurtz "used an errand boy, sent by grocery clerks, to collect a bill", or sent a letter by surface mail addressed to:
Mr Floyd Landis
USA

 

[ChewbaccaD]

well to be fair he did bring alot of it down upon himself with his FFF

I would never have suggested otherwise.

 

[the big ring]

when we want to know mail has been delivered and received, we send it "special delivery" which means the postman gets the recipient to sign a receipt. It costs about $2 instead of 50c.

Registered mail, I think?

 

[sittingbison]

Registered mail, I think?

thanks BR, fixed

 

[dbrower]

I remember this pretty well and I think he was actually in Germany. Does that change anything legally?

It might, but I think we can be pretty sure Landis hasn't been anywhere near the EU for both financial reasons, and complications of that "hacking" case in France that could have led to an Assange-style Interpol notice.

I believe (a) he was in California and ARD came and talked to him there; (b) there was no real attempt to serve him in the US; (c) the actual suit was filed after Landis attorneys in Europe tried to find it; (d) He's unlikely to respond to the published notice because that might be taken as submitting to jurisdiction.

-dB

 

[Race Radio]

Swiss court issued a default judgement as Floyd did not show up to the kangaroo court

This is some funny reading
http://www.scribd.com/doc/108847964/Judgment-Floyd-Landis-En

 

[Kennf1]

Swiss court issued a default judgement as Floyd did not show up to the kangaroo court

This is some funny reading
http://www.scribd.com/doc/108847964/Judgment-Floyd-Landis-En

Article 2 is awesome. I love that Landis may no longer refer to the UCI as clowns, terrorists, or "no different to Colonel Muammar Gaddafi."

It's almost like the court is poking fun at the UCI.

 

[Tubeless]

Swiss court issued a default judgement as Floyd did not show up to the kangaroo court

This is some funny reading
http://www.scribd.com/doc/108847964/Judgment-Floyd-Landis-En

The Cyclingnews story about this conveniently (and for what reason?) leaves out the part that Landis chose not to contest the suit and Pat & Hein win via a default judgement.

http://www.cyclingnews.com/news/swiss-court-finds-in-ucis-favour-in-landis-defamation-case

 

[ebandit]

gotta laugh

landis not allowed to say that armstrong bribed uci..............had tests covered up...............................or that uci deliberately delayed contadors sanction

never happened!

why is armstrong not being sued for starting this.............telling riders that he had 'powers' over uci.............had ensured tests were concealed and could do so again?

 

[Alpe d'Huez]

That to me is bothersome.

This whole thing is just a charade. An absolute charade. Along par with the UCI and what pro cycling has become (off the road anyway).

 

[Kennf1]

The Cyclingnews story about this conveniently (and for what reason?) leaves out the part that Landis chose not to contest the suit and Pat & Hein win via a default judgement.

http://www.cyclingnews.com/news/swiss-court-finds-in-ucis-favour-in-landis-defamation-case

Agreed, they need to change the headline.

 

[RichWalk]

The Cyclingnews story about this conveniently (and for what reason?) leaves out the part that Landis chose not to contest the suit and Pat & Hein win via a default judgement.

http://www.cyclingnews.com/news/swiss-court-finds-in-ucis-favour-in-landis-defamation-case

Yes indeed two very different takes on the same issue, yest another UCI induced farce, be interested to hear Kimmages take on this.........

 

[Semper Fidelis]

Article 2 is awesome. I love that Landis may no longer refer to the UCI as clowns, terrorists, or "no different to Colonel Muammar Gaddafi."

It's almost like the court is poking fun at the UCI.

I agree with your post! Awesome stuff.

"have accepted bribes, are corrupt, are terrorists, have no regard for the rules, load the dice, are fools, do not have a genuine desire to restore discipline to cycling, are full of ****, are clowns, their words are worthless, are liars, are no different to Colonel Muammar Gaddafi, or to make any similar other allegations of that kind.”

http://www.cyclingnews.com/news/swiss-court-finds-in-ucis-favour-in-landis-defamation-case

I think the UCI must read twitter?

 

[thirteen]

twitter is ablaze with things Landis can call them -- not that he really would need any help

 

[thehog]

The timing. Is interesting.

 

[thirteen]

The timing. Is interesting.

very.
10 char

 

[fatandfast]

The Swiss court system asked Landis to show proof that the UCI took bribes. They additionally asked him to back up his claims about many decisions made by respected scientists and race officials while carrying out the paid work for the UCI. Landis has been asked by courts in the US,France and Switzerland to defend himself in court about words and actions others saw as illegal. So far he did show up in the US because the police would have brought him there if he didn't.

Lanids's actions to not show up( or hold a fund raiser ala Kimmage) is the same contempt he showed for the bike racing and its rules. Maybe 3 months was not enough time for Landis because of too many bongs or Jack Daniels in his system.

Given that Landis has public records available about the UCI taking money from Armstrong(and no other rider in history) public records also of ex teammates giving sworn testimony about inter pro bike racing corruption from Tyler and others he could have asked someone to testify that they paid off the UCI. He is a coward. People in other countries that have slander and libel enforced are completely unaware that those laws are also on the books in the US and have gone unused for decades. If the courts in the US worked even close to those of Europe Armstrong would have sued and won judgements against Landis and Hamilton that would have accounted for every dime they would ever make.

To not fight for something he sees as fact makes him a punk or at least in the eyes of the US,Swiss and French court system and now the UCI.

Floyd you shouldn't have cried wolf, when you really needed a Landis defense fund the money was already spent defending your previous lies. The lesson you should learn from this, the things you said that were true were lost in all the other BS. Just imagine your only statement being that Lance doped and gave them a bribe. Probably would have held up. Oh well .They are opening a new Jack-in-the-box in Temecula you can apply online

http://www.jackinthebox.com

 

[Tubeless]

twitter is ablaze with things Landis can call them -- not that he really would need any help

It's worth pausing to think about the effect of these defamation lawsuits in the modern era of social media communications.

Pat and Hein sued Landis to get their "honor" back and no doubt feel vindicated that the court has ruled in their favor. They must realize Landis will never pay them a penny and will never take out ads in the stated newspapers to apologize. So the purpose of the lawsuit was just to be able to state that the court agreed with UCI, and its honor has been preserved. Hein's fellow IOC board members must be impressed.

But, in the age of Twitter and Facebook - their goal of suppressing the defamatory language toward UCI will in fact have the opposite effect. This lawsuit and the comical language of the ruling is creating fodder for individuals and late night talk show hosts to come up with creative ways to skirt the written judgement. UCI is becoming the laughing stock - and further fueled by the actions of its own officials! Where there's smoke, there must be fire...

So the lawsuit will end up having the exact opposite effect to what Pat & Hein desired. The Kimmage lawsuit will no doubt end up the same way. Will I get sued by calling these guys clowns or corrupt - or both? Ha!

 

[thirteen]

<<babble>>

Floyd did/does not have the money to fight this.

neither did Kimmage -- at least not until the fund was started. it's over $50,000 and that's still not enough to fight those corrupt c***suckers.

if (when) Kimmage wins, hopefully Floyd's will get a second look.

donate now:
http://www.cyclismas.com or http://nyvelocity.com/content/features/2012/paul-kimmage-defense-fund