landis sued by uci?

[rhubroma]

The timing. Is interesting.

So the UCI goes to court against someone they no won't defend himself, wins by default to demonstrate that its presidents are innocent as a lambs, at the moment in which USADA is about to throw them under the truck.

Interesting timing indeed.

 

[rhubroma]

utter nonesense

Your analysis has conveniently overlooked the fact that LA has decided not to contest USADA, won't sue Landis or Hamilton, or none of the other witnesses in the case against him. Why? Simple, he's screwed and in doing so only hastens his own disgrace.

As per the Swiss verdict, Tubeless has expressed it perfectly above.

 

[fatandfast]

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 cocksuckers.

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

Landis did have the money. He spent it on his Positively False charade. People are acting as if the French,Swiss and US courts are some backwater BS. There is a chance for someone to win, it will never be Landis even on a second or 3rd try. He is toast where ever he shows up.
There are very few people that Hiennny and McQuaid feel they are are superior to,Landis is an easy target,even for them.
When Kimmage goes to court he will have lots of data showing why he came to his opinions. But more important and what will separate him from the other clowns is that he will show up. Even if he thinks he is going into a total a$$kicking he will at least show up. Landis has shown up for nobody, not the courts,not the people who forgave his misdeeds, not for himself,nobody.

http://www.temeculacarwash.com

here is another one Flandis

 

[Caruut]

Landis did have the money.

But currently does not and therefore can't defend himself. Why go half the way around the world to turn up if you haven't even got a freaking lawyer?

 

[lactictac]

As someone knows more about the law than I do about cycling, I am shocked the CN does not mention that Landis defaulted in the UCI case. Friends say they are not surprised at the article. I am.

Legally, when a defendant/respondent is summoned to any tribunal, if he to appear or otherwise move against the matter, she lose by default. Landis lost by default because he interposed no appearance or defense. Most cases, here in the US, than are won by default, are subject to being “opened” – to the case being put back on the hearing calendar if the defendant/respondent make a motion before the tribunal.

Defaults, while able to be entered as final, are given less weight that a jury verdict or a judge’s decision. It is important to say this, to know this and to mention the varied reasons why any defaulted party did not elect to appear and oppose. To omit this simple fact is abhorrent to truthful, accurate journalism.

Why, CN, why?

 

[thehog]

So the UCI goes to court against someone they no won't defend himself, wins by default to demonstrate that its presidents are innocent as a lambs, at the moment in which USADA is about to throw them under the truck.

Interesting timing indeed.

It was only 2 weeks ago the UCI claimed they couldn't find Landis.

Landis himself had checked the Swiss legal register to find that no such claim had been lodged.

So yes very interesting that "all of sudden" the default judgment was passed.

Those "Presidents" - plural - up to no good again.

Reminds me of the time when the UCI deliberately leaked the Vjirmin report to pretend it was independent by chastising its "early" release.

 

[fatandfast]

Your analysis has conveniently overlooked the fact that LA has decided not to contest USADA, won't sue Landis or Hamilton, or none of the other witnesses in the case against him. Why? Simple, he's screwed and in doing so only hastens his own disgrace.

As per the Swiss verdict, Tubeless has expressed it perfectly above.

Why would Armstrong want to sue people he used PEDs with? What would be the grounds?
Landis said he knew of corruption between Lance and the UCI. Couldn't he have sent a letter? Or asked the Swiss court, as an unemployed, private citizen to allow him to do video testimony? He is just home watching Dude Where's My Car on a dumpster find VHS waiting for something, probably a government check.

Most courts are going to side with a 100+ year old organization that has a lawyer,good documentation and the years of work from paid professionals,like lab techs,race officials, airport security people, all are part of a group of thugs that Landis said broke the law. Turns out it's okay to say it but only while exhaling and his finger is off the carb.
He should have tried,any effort,just something
http://www.idyllwild.com

I here they are looking for MTB guides or

http://www.walkydog.com

this fits his skill set

 

[Nick C.]

As someone knows more about the law than I do about cycling, I am shocked the CN does not mention that Landis defaulted in the UCI case. Friends say they are not surprised at the article. I am.

Legally, when a defendant/respondent is summoned to any tribunal, if he to appear or otherwise move against the matter, she lose by default. Landis lost by default because he interposed no appearance or defense. Most cases, here in the US, than are won by default, are subject to being “opened” – to the case being put back on the hearing calendar if the defendant/respondent make a motion before the tribunal.

Defaults, while able to be entered as final, are given less weight that a jury verdict or a judge’s decision. It is important to say this, to know this and to mention the varied reasons why any defaulted party did not elect to appear and oppose. To omit this simple fact is abhorrent to truthful, accurate journalism.

Why, CN, why?

+ 1000 (10 char)

 

[PosterBill]

Could Floyd counter sue based on the pending USADA report...if it shows actual evidence of UCI corruption?

 

[fatandfast]

It was only 2 weeks ago the UCI claimed they couldn't find Landis.

Landis himself had checked the Swiss legal register to find that no such claim had been lodged.

So yes very interesting that "all of sudden" the default judgment was passed.

Those "Presidents" - plural - up to no good again.

Reminds me of the time when the UCI deliberately leaked the Vjirmin report to pretend it was independent by chastising its "early" release.

So the UCI got this cased placed on an emergency docket? NFW Landis is no victim,period. Why even try and go there. The UCI and the Swiss court conspired making the case invisible to Landis? Come on

your all the sudden is completely silly. What should the court have done? Called Landis's mom to see if he needed more time to show up?

So it was widely reported in the NYT,Velonews,Pez,CN that the UCI was taking action against him,Landis logs on and sees no record of the case and that is the end of his search? He could have PMd anybody from and website or newspaper and they would have put him in touch with the proper person(s)

Next time Landis wants to do anything he should call Jason Gay at the Wall Street Journal. let him write the "real" story this time.

Positively,Really Positive
by Floyd Landis

 

[rhubroma]

Why would Armstrong want to sue people he used PEDs with? What would be the grounds?
Landis said he knew of corruption between Lance and the UCI. Couldn't he have sent a letter? Or asked the Swiss court, as an unemployed, private citizen to allow him to do video testimony? He is just home watching Dude Where's My Car on a dumpster find VHS waiting for something, probably a government check.

Most courts are going to side with a 100+ year old organization that has a lawyer,good documentation and the years of work from paid professionals,like lab techs,race officials, airport security people, all are part of a group of thugs that Landis said broke the law. Turns out it's okay to say it but only while exhaling and his finger is off the carb.
He should have tried,any effort,just something
http://www.idyllwild.com

I here they are looking for MTB guides or

http://www.walkydog.com

this fits his skill set

As far as I'm aware isn't the witness Landis has Lance himself? That is, didn't he claim that Lance told him that he was found positive for EPO, but that his people met with the UCI and it has been "taken care of."

Then Tyler, again if my memory serves me correctly, said that Landis told him that Lance had told him (Landis) of the supposed concealment of the positive on payment of 200,000 euro, or some such quantity.

I don't know, therefore, how Landis was supposed to get his witness to testify, given that it’s the same person who was found positive and the mandate of the bribe?

So what should FLoyd have done?

 

[superleicht]

Could Floyd counter sue based on the pending USADA report...if it shows actual evidence of UCI corruption?

I know squat about Swiss civil law, but there is a chance that, depending on what UCI shenanegins are revealed in the USADA case, Floyd could file a motion to have the judgement vacated.

Superleicht

 

[Kennf1]

So the UCI got this cased placed on an emergency docket? NFW Landis is no victim,period. Why even try and go there. The UCI and the Swiss court conspired making the case invisible to Landis? Come on

your all the sudden is completely silly. What should the court have done? Called Landis's mom to see if he needed more time to show up?

So it was widely reported in the NYT,Velonews,Pez,CN that the UCI was taking action against him,Landis logs on and sees no record of the case and that is the end of his search? He could have PMd anybody from and website or newspaper and they would have put him in touch with the proper person(s)

Next time Landis wants to do anything he should call Jason Gay at the Wall Street Journal. let him write the "real" story this time.

Positively,Really Positive
by Floyd Landis

This is all a violation of due process for Floyd. This was a witch hunt by the UCI, and it became a personal vendetta. The swiss court is a kangaroo court, and lacks jurisdiction. Floyd has done too much good. There is no evidence against him, just hearsay. Pathetic.

There. How many points did I hit?

 

[fatandfast]

As far as I'm aware isn't the witness Landis has Lance himself? That is, didn't he claim that Lance told him that he was found positive for EPO, but that his people met with the UCI and it has been "taken care of."

Then Tyler, again if my memory serves me correctly, said that Landis told him that Lance had told him (Landis) of the supposed concealment of the positive on payment of 200,000 euro, or some such quantity.

I don't know, therefore, how Landis was supposed to get his witness to testify, given that it’s the same person who was found positive and the mandate of the bribe?

So what should FLoyd have done?

you are 100% correct. Landis should have asked the Swiss court for subpoena for Armstrong's testimony. You are also right when you say Tyler said that Lance said that Landis heard..ect.

Landis should have showed up, a no show,shows he is still a punk.

Also remember that depending on positive/negative point of view. The UCI and Armstrong both say that he gave them money. They both say that it was for drug testing/machines. They also say in concert that they didn't announce the "donation" because it may be seen as a conflict of interest. They were right and by not making an announcement they allowed Tyler and Landis first crack at what the money was actually intended for,coverup they say,a better testing procedure the others say.

Niether party changed their minds that why a court could have sifted through the BS.
Landis show try and remember who told him "just blow them off dude" and get as far away from that person as possible for the rest of his life. He took a huge step bike by being convicted of another crime.

 

[Benotti69]

disgruntled fanboy

Still angry that Landis was the straw that broke the Liestrong back hey F&F

 

[fatandfast]

This is all a violation of due process for Floyd. This was a witch hunt by the UCI, and it became a personal vendetta. The swiss court is a kangaroo court, and lacks jurisdiction. Floyd has done too much good. There is no evidence against him, just hearsay. Pathetic.

There. How many points did I hit?

None. The Swiss court did it's job given that there was nothing to defend, the Clint Eastwood empty chair thing. Also as far as kangaroo anything,Landis could have asked the judge for more time given that he lives 1000's of miles away and has no cash. Hearsay? There are hours of youtube videos and magazine articles in which Landis states the things he was being sued for. I also think Landis was on a web radio show saying lots of things about the UCI. The rule of law is hardly pathetic.

I think Landis is channeling his inner Lindsay Lohan,just keep going until it breaks. Maybe he used all his gas money on his Nascar

 

[superleicht]

Landis should have asked the Swiss court for subpoena for Armstrong's testimony.

Outside of Lance being in Switzerland, I doubt that subpoena would have been enforceable. (And then he would have had his army of lawyers trying to quash it.)

Superleicht

 

[rhubroma]

you are 100% correct. Landis should have asked the Swiss court for subpoena for Armstrong's testimony. You are also right when you say Tyler said that Lance said that Landis heard..ect.

Landis should have showed up, a no show,shows he is still a punk.

Also remember that depending on positive/negative point of view. The UCI and Armstrong both say that he gave them money. They both say that it was for drug testing/machines. They also say in concert that they didn't announce the "donation" because it may be seen as a conflict of interest. They were right and by not making an announcement they allowed Tyler and Landis first crack at what the money was actually intended for,coverup they say,a better testing procedure the others say.

Niether party changed their minds that why a court could have sifted through the BS.
Landis show try and remember who told him "just blow them off dude" and get as far away from that person as possible for the rest of his life. He took a huge step bike by being convicted of another crime.

Isn't a subpoena only applicable in a criminal case?

I can't tell what your on about here? Why is it you find Landis to be the big bad guy in this farce?

 

[fatandfast]

Still angry that Landis was the straw that broke the Liestrong back hey F&F

I see why you would say that, if I must wear the fanboy diaper I will. I love pro bike racing and it would grow bigger and more popular if the UCI was run differently. Landis is not the problem alone,but neither is Lance.
Landis is a great racer. He still has a chance to cash in on his hip,or maybe some other outlet within cycling . He knows volumes about all kinds of racing. Why he wants this kind of attention has me puzzled.
Tyler beat him to the punch, he went all in w I am a lair,putz and here is why. So far people are buying it and he is playing it very passive. Landis had one shot,he squeezed it off on the carpet and it's wasted.
Liestrong is trying to create another life, almost in an instant, be a great dad,husband,racer and charity spokesman. He has an awesome structure of saying I have moved on, therefore don't ask about it.



I wonder if someday Leno,Ellen,Oprah,Letterman will re invite Lance on and greet him with less than a smile. I also think that as the years go on Lance will not be able to tow the line and write yet another book about how he was wronged,a few hundred pages about how he is cycling's Jesus. The book may take longer depending on if Johan gets a typewriter in prison. All this could have been different if while Armstrong was getting his @100 million dollar empire in order he had employed Landis and Tyler. Taken them in from the rain. He made them into the do or die desperados they became,and he guessed wrong neither guy died.

 

[Tubeless]

It was only 2 weeks ago the UCI claimed they couldn't find Landis.

Landis himself had checked the Swiss legal register to find that no such claim had been lodged.

So yes very interesting that "all of sudden" the default judgment was passed.

Those "Presidents" - plural - up to no good again.

Reminds me of the time when the UCI deliberately leaked the Vjirmin report to pretend it was independent by chastising its "early" release.

I would hazard to guess that UCI did not try very hard to find Landis to serve him, and Landis did not try very hard to find out about the lawsuit. It was convenient to each to have this go by the way of default judgement.

The case was filed on April 29, 2011. The timing of the decision was up to the court - so likely coincidental to anything else going on with respect to UCI. My understanding is that in the US a civil verdict cannot be handed down unless the defendant has been served. It may be that the Swiss law is different in this regard.

 

[superleicht]

Isn't a subpoena only applicable in a criminal case?

No, both. Now, with all the talk on here by some that Floyd was a chicken or punk for not answering the suit there could be the issue that he was not properly served. If I read in the papers that someone sued me somewhere (especially in a foreign court) I'm not going to ask the court if its so although I may try to check the filings. The burden is on the plaintiff to either serve notice or make the effort required by rule or by law.

Whether such a judgement, assuming that the judgement is valid, is enforceable is another matter. I'm guessing that both Switzerland and the US are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Superleicht

 

[fatandfast]

Isn't a subpoena only applicable in a criminal case?

I can't tell what your on about here? Why is it you find Landis to be the big bad guy in this farce?

Landis and Basso, both caught,both on the bike greats.
Post crime techniques dealing w media and the attention very,very different. Basso says lots of things about "me" "I" takes on what he did and doesn't make it a point to lessen the person screw up damage by including others that are/were equally as dumb at a given time in history.

Landis called out the UCI,they called back he never showed. Until Landis can go a day or week or month without talking or thinking about Lance in some way he will stay in the toaster until he is so crisp he will be useless

 

[Willy_Voet]

This is all a violation of due process for Floyd. This was a witch hunt by the UCI, and it became a personal vendetta. The swiss court is a kangaroo court, and lacks jurisdiction. Floyd has done too much good. There is no evidence against him, just hearsay. Pathetic.

There. How many points did I hit?

Even more funny when you turn it around.

 

[superleicht]

My understanding is that in the US a civil verdict cannot be handed down unless the defendant has been served.

There are different types of service, depending on jurisdiction, etc. Service can be in person to the defendant, defendant's place of business or residence, by mail, by publication, by alpenhorn . . . I made that last one up!

Superleicht

 

[orbeas]

Uci

seems this is not the first time that sports commitees based in Switzerland have used the courts there..
Andrew Jennings wrote a book 'Lord of the Rings' about the IOC..
Amongst his many journalist awards, his favorite is the jail sentence imposed in Switzerland by the court at the IOC's request for alledging that IOC members took bribes !!!!
the ruling is only valid if Jennings ever goes back to Switzerland !!!!

suggest everyone sends this to

admin@uci.ch

UCI, McQuaid and Verbruggen “have concealed cases of doping, received money for doing so, have accepted money from Lance Armstrong to conceal a doping case, have protected certain racing cyclists, concealed cases of doping, have engaged in manipulation, particularly of tests and races, have hesitated and delayed publishing the results of a positive test on Alberto Contador, 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..

so sue me !!!!!

I also wonder what Fat Pat and his mate will do if the USDAC agree with Floyds remarks and say that the UCI covered up LA's failed drugs tests ????