Tailwind Sport 2005

[Kennf1]

Yes, but if such a case were to be brought forward and if such a case were heard in Texas... which makes sense given Pharmstrong's residence and the Tailwind domicile, the OUCH factor could be huge.

.

No doubt, but I find the prospect of an SCA case do-over more intriguing.

 

[flicker]

No changes for me Dim...STILL blocked by @livestrong, @lancearmstrong, @juanpelota, @grahamwatson10, @azzurisports, @darachmcquaid etc etc

As well you should be naughty boy!

 

[cyclelicious]

No changes for me Dim...STILL blocked by @livestrong, @lancearmstrong, @juanpelota, @grahamwatson10, @azzurisports, @darachmcquaid etc etc

I see it's a TWIT badge of honor

 

[thehog]

No doubt, but I find the prospect of an SCA case do-over more intriguing.

...and the London Sunday Times to that list. They want their money back.

 

[thehog]

Your avitar begs the question: What about 7-11? They are in the business to sell Slurpies. Did it ever make sense that THEY were team team sponsors?

It's all about exposure...

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

 

[Kennf1]

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

I thought the latest word was that it's the 18th?

 

[ergmonkey]

I'm not trying to be a contrarian, but that's just not how a breach of contract case works. The dollar amount of the contract does not necessarily equate to the damages. You typically have two questions submitted to a jury: first, was the contract breached; second, what were the damages that resulted. (And also, what are the reasonable and necessary attorneys' fees).

You can have a breach of contract, with little or no damages as a result.

Anyone please feel free to state the real truth about the relevant contract provisions here, but some earlier posts in this thread suggest that the USPS sponsorship contract provided for liquidated damages in the event of team doping. If this was the case, then all of the (true) posts about the difficulties of demonstrating and quantifying actual damages become completely irrelevant. Which is, of course, the whole beauty and purpose of a liquidated damages provision.

Also, thank you to whomever it was who finally pointed out that the government has more options than just suing under the FCA.

 

[thehog]

I thought the latest word was that it's the 18th?

The cover is released early then the magazine follows.

 

[Benotti69]

Anyone please feel free to state the real truth about the relevant contract provisions here, but some earlier posts in this thread suggest that the USPS sponsorship contract provided for liquidated damages in the event of team doping. If this was the case, then all of the (true) posts about the difficulties of demonstrating and quantifying actual damages become completely irrelevant. Which is, of course, the whole beauty and purpose of a liquidated damages provision.

Also, thank you to whomever it was who finally pointed out that the government has more options than just suing under the FCA.

add to this that the possibility that every contract the LA got involved with since his cure from cancer had the same provision in it so he could be in big trouble and if so will not be admitting anything to the feds while still alive, but no doubt the PIs for a lot of companies will be sniffing around this whole case

 

[BotanyBay]

but no doubt the PIs for a lot of companies will be sniffing around this whole case

More likely scenario:

 

[Anonymous]

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

Is this September 2009?...

 

[Anonymous]

I thought the latest word was that it's the 18th?

September 5th 2009 is the date...

 

[Berzin]

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

So this week is when the article becomes public, yes?

Because the newsstands and bookstores here in NYC get SI every Thursday.

So it's on for the 13th of January?

After so many false starts and delays, the day is finally upon us. I hope.

 

[Cobblestoned]

So this week is when the article becomes public, yes?

Because the newsstands and bookstores here in NYC get SI every Thursday.

So it's on for the 13th of January?

After so many false starts and delays, the day is finally upon us. I hope.

yes hog, please tell him.

be careful when you open it, Bertzin.

 

[DirtyWorks]

Pushing on a String

The injured party - well that sounds like you.
As you appear to be able to say what is or is not relevant and what we should produce to satisfy you.


I have no idea if a case will be done through FCA - but I'd rather take the opinion of someone who knows what they are talking about:

Doc and others,

We are on the same side with the doping issues, but once the topic moves into "The Law" aspects, I think some of the critical comments are valid.

-Proving damages looks tough, really tough for USPS principals. Besides, the common political culture these days is to let this stuff pass.
-Money for treble damages has probably already evaporated. Worse case scenario, Tailwind principals all declare bankruptcy and walk away with very little personal economic harm done. This is why they go through these complicated corporate structures. It's all about shielding liability and the system is set up to be very forgiving to people that make the effort to shield liabilities.
-There's the matter of the contracts clauses lasting extreme attempts to re-cast their meaning in court, history and such likely rewritten as well.

Finally, I for one don't care about the public opinion pounding that is coming. The pounding coming is what the media does after they've built a myth.

This is supposed to be a nation that operates by Rule of Law. Team Pharmstrong's story will be a good way to examine how much of the ideal is left. Bring on the Federal case. A few States-level cases would be good too. Maybe prosecutions in France and Spain would be good. But that's just pie-in-the-sky talk.

 

[Dr. Maserati]

So this week is when the article becomes public, yes?

Because the newsstands and bookstores here in NYC get SI every Thursday.

So it's on for the 13th of January?

After so many false starts and delays, the day is finally upon us. I hope.

TheHog is 100% correct when they say....

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

.....because the pre-release SI cover comes out every Tuesday

 

[MacRoadie]

Don't you mean?

 

[Dr. Maserati]

Doc and others,

We are on the same side with the doping issues, but once the topic moves into "The Law" aspects, I think some of the critical comments are valid.
-Proving damages looks tough, really tough for USPS principals. Besides, the common political culture these days is to let this stuff pass.
-Money for treble damages has probably already evaporated. Worse case scenario, Tailwind principals all declare bankruptcy and walk away with very little personal economic harm done. This is why they go through these complicated corporate structures. It's all about shielding liability and the system is set up to be very forgiving to people that make the effort to shield liabilities.
-There's the matter of the contracts clauses lasting extreme attempts to re-cast their meaning in court, history and such likely rewritten as well.

Finally, I for one don't care about the public opinion pounding that is coming. The pounding coming is what the media does after they've built a myth.

This is supposed to be a nation that operates by Rule of Law. Team Pharmstrong's story will be a good way to examine how much of the ideal is left. Bring on the Federal case. A few States-level cases would be good too. Maybe prosecutions in France and Spain would be good. But that's just pie-in-the-sky talk.

The Federal Claims Act angle that has been introduced in this thread is a diversion or strawman.

The FDA investigation will be far more harmful than any FCA claim - the FDA will 'follow the money' and the Tailwind document shows Armstrong wasn't "just a rider".

 

[Polish]

The FDA investigation will be far more harmful than any FCA claim - the FDA will 'follow the money' and the Tailwind document shows Armstrong wasn't "just a rider".

If he wasn't just a rider, what was he?

Leader of Tailwind Sports?
The Brains behind the Evil Plans?
The most important director, Grand Poobah, the one that will be punished the MOST?
Burned at the Stake before the other directors? Kindling?

As the Hog indicated, we will see...we will see.

 

[red_flanders]

The pre-release SI cover comes out tomorrow. iPad users get first glimpse.

Where do iPad users get the cover, and how could it possibly have anything to do with Armstrong given the NFL Playoffs and BCS Championship game having just happened?

I'd guess anyone looking for Armstrong on the cover is going to need to wait 'till after the superbowl or it's not going to be a cover story.

Or SI has completely jumped the shark.

 

[Anonymous]

...anyone seen the cover the hog said was being posted today?

I honestly believe the hog is actually an Armstrong fanboy sent here to post ridiculous, transparently trollish posts to try to discredit anyone who opposes Armstrong.

 

[Ferminal]

...anyone seen the cover the hog said was being posted today?

I honestly believe the hog is actually an Armstrong fanboy sent here to post ridiculous, transparently trollish posts to try to discredit anyone who opposes Armstrong.

Their version of WonderLance?

 

[Anonymous]

TheHog is 100% correct when they say....

.....because the pre-release SI cover comes out every Tuesday

hence the reason the 18th is being bandied around, that is a tuesday with the actual article on the 20th.

hang on.. its wednesday... did i miss something?

 

[Anonymous]

Their version of WonderLance?

You hit the nail on the head.

 

[thehog]

hence the reason the 18th is being bandied around, that is a tuesday with the actual article on the 20th.

hang on.. its wednesday... did i miss something?

It's been released. Auburn on the front cover. No Armstrong story as such. Let's see what the print version brings but looks to be on hold again.

Thanks for update.