The day before New Year’s Eve, Armstrong and Tailwind’s attorneys filed separate motions to stay the arbitration proceedings.
Armstrong and Tailwind claim that SCA gave up its right to that money in 2006, when they resolved following two years’ worth of litigation.
In 2004 SCA went to court in an attempt to keep from paying the bonus money when the cyclist’s friends and associates began going public with their doping allegations, which Armstrong finally copped to at the beginning of 2013 during his sitdown with Oprah Winfrey. During that courthouse tussle, Armstrong told SCA attorney Jeff Tillotson under oath that “I race the bike straight up fair and square.” That proved to be anything but the truth.
Just as the arbitration panel was preparing to rule, SCA, Armstrong and Tailwind settled their dispute, signing a compromise settlement agreement on February 8, 2006, that says, in part, that “no party my challenge, appeal or attempt to set aside the Arbitration Award.” As far as Armstrong’s attorneys are concerned, that’s the end of the story — and the end of the lawsuit.
But in a ruling signed on October 29 and made public Monday, attorneys Richard Faulkner and Richard Chernick disagree, calling the settlement agreement little more than “the private equivalent of temporary ‘cease-fire.’” Wrote Faulkner and Chernick, “Hostilities between these parties resumed and continued as anticipated albeit at varying intensity. … The ability of both tribunals to address and determine disputes within the parameters of the parties’ agreements is unquestioned.”
In a dissenting opinion signed December 17, Lyons wrote that the three-member arbitration panel does not have the jurisdiction to “re-decide claims that were resolved seven years ago.” Notes Lyon, “What Armstrong did, if true, is morally reprehensible, but the law does not allow this Panel to address it at this time.”