- May 27, 2012
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MarkvW said:Lance would likely get hit exactly the same whether he was a ringleader or a follower. He'd get laughed at the moment he tried to argue that he was a mere follower, anyway.
I have no idea what Lance's defense is going to be. He's floated two ideas: (1) despite the doping, I gave USPS value, and (2) everybody was doing it and USPS knew or should have known that everybody was doing it (therefore the statute of limitations has run). I think the court has already signaled that (1) is not going to work, so all that's left is (2).
If this thing were to go to trial (i.e., get past summary judgment), I would assume that the feds would call all as many of the USPS dopers as witnesses as they can, because they want to prove the massive manner in which the USPS team violated the promotional contract. Any moderately experienced and intelligent lawyer is going to realize this and want to depose those USPS dopers so that he can know what the witnesses will say before they are presented as witnesses for trial. It is just plain good lawyering to depose people you think the other side might call (that means Frankie).
Fair point. Not being in any way experienced with trial work, discovery, or the like, I am certainly at a disadvantage for knowledge on such things.
MarkvW said:ChewbaccaD makes a fair point that Lance's lawyers are going for too much because they are trying to invade the marital communications privilege--and it will cost Frankie lawyer money to fight that attempt. I can't see the point for Lance's move to get the private marital communications, other than to mess with Frankie by making him spend money. Lance is a complete jerk--news at eleven.
Unfortunately, it doesn't end with just that. They are asking for wide-ranging communications with people who have absolutely no connection to USPS or Tailwind. I do realize the standard for discoverable material is wide, but some of what they're asking for is marginally relevant, and seems to me to suggest Lance is abusing them for no good reason. Protective Order maybe?
EDIT: Thinking it through, I can see plausible reasons for some of the stuff, but everyone knows that this will almost certainly never get to court, and I think there is certainly some cause to believe that there is a significant component of spite in it.