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The fun begins - SCA now asking for money back...

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May 25, 2009
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Race Radio said:
http://reader.roopstigo.com/view/roopster/story/615/#/chapter/2/

Tim Herman tries to settle for $1,000,000. SCA says no way

This is very big news because the press since the reasoned decision about all the past lawsuits during the winning years indicated that they will have a very hard time clawing back any money. This seems to indicate that SCA has a decent case--decent to the tune of at least $1 millions dollars worth.
 
oldschoolnik said:
This is very big news because the press since the reasoned decision about all the past lawsuits during the winning years indicated that they will have a very hard time clawing back any money. This seems to indicate that SCA has a decent case--decent to the tune of at least $1 millions dollars worth.

Not necessarily. As much as this case is about trying to claw back the money paid in the settlement, it is also about trying to get Armstrong to pay an awful lot of money to keep from having to testify under oath in defense of his case.

Both of these elements are definitely in play.

I think we are seeing a legal game of "chicken," where Armstrong has way more skin in the game than SCA does.

Herman starts off with a meaningless 'fight to the death' posture, now he's ready to give up a million. Lance will be offering a lot more as the day of his deposition approaches . . ..

That's my prediction, anyway.
 
Yes the more he waits the hairier it's going to be getting for him not that anyone here will feel sorry for him...

He should just say "ok, my TDF titles have been stripped by the UCI, so no bonus is owed, I'll refund you. It doesn't mean I agree with the UCI, blah, blah, blah".
 
Nov 8, 2012
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MarkvW said:
Not necessarily. As much as this case is about trying to claw back the money paid in the settlement, it is also about trying to get Armstrong to pay an awful lot of money to keep from having to testify under oath in defense of his case.

Both of these elements are definitely in play.

I think we are seeing a legal game of "chicken," where Armstrong has way more skin in the game than SCA does.

Herman starts off with a meaningless 'fight to the death' posture, now he's ready to give up a million. Lance will be offering a lot more as the day of his deposition approaches . . ..

That's my prediction, anyway.

This is more of Lance underestimating what this actually is. That and it may be a stall tactic to try and pull more political strings, which would only be another miscalculation on his part.

He was probably laying on his couch texting Herrman with something like..."offer them a million and see what happens..."

I get the feeling this is personal with SCA.
 
Mar 13, 2009
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Velodude said:
Legal definition of "kangaroo court".

[Slang of U.S. origin.] An unfair, biased, or hasty judicial proceeding that ends in a harsh punishment; an unauthorized trial conducted by individuals who have taken the law into their own hands, such as those put on by vigilantes or prison inmates; a proceeding and its leaders who are considered sham, corrupt, and without regard for the law.

The concept of kangaroo court dates to the early nineteenth century. Scholars trace its origin to the historical practice of itinerant judges on the U.S. frontier. These roving judges were paid on the basis of how many trials they conducted, and in some instances their salary depended on the fines from the defendants they convicted. The term kangaroo court comes from the image of these judges hopping from place to place, guided less by concern for justice than by the desire to wrap up as many trials as the day allowed.
sounds like Armstrong's type of jusdge as long as it is within his arm of influence.
 
oldschoolnik said:
This is very big news because the press since the reasoned decision about all the past lawsuits during the winning years indicated that they will have a very hard time clawing back any money. This seems to indicate that SCA has a decent case--decent to the tune of at least $1 millions dollars worth.

Possibly.

Saw it more as a factored offer. What is the minimum they would settle for now?

I think that SCA paid something around $2-3m+ in legal costs during the original dispute. They have to expect at least that much again this time if they pursue further.

Lance's attorneys offered them a fraction of that as cash now at no risk in exchange for them abandoning.

Dave.
 
MarkvW said:
Not necessarily. As much as this case is about trying to claw back the money paid in the settlement, it is also about trying to get Armstrong to pay an awful lot of money to keep from having to testify under oath in defense of his case.

Both of these elements are definitely in play.

I think we are seeing a legal game of "chicken," where Armstrong has way more skin in the game than SCA does.

Herman starts off with a meaningless 'fight to the death' posture, now he's ready to give up a million. Lance will be offering a lot more as the day of his deposition approaches . . ..

That's my prediction, anyway.

You still going with this?

It's a slam dunk for SCA. The $1m is round one of 12.

They offered 1m in a matter if days of the first letter being issued.

SCA will get their money. Just a matter of a small arm wrestle first.

I told you it was simple!
 
thehog said:
You still going with this?

It's a slam dunk for SCA. The $1m is round one of 12.

They offered 1m in a matter if days of the first letter being issued.

SCA will get their money. Just a matter of a small arm wrestle first.

I told you it was simple!

Did you tell me that on Tuesday?
 
manafana said:
maybe lance and the UCI should take up gambling as their going need the money a tip here for them

but on serious note, cycling has itself a mess here but one it should have faced years ago, but other sports better watch themselves, EPO didnt just exist in cycling.

But in the uber-competitive world of professional sport, only one sport could be declared the winner and the cycling leadership provided its full support to cement its place out front of the rest. :rolleyes:

Dave.
 
i'm with the hog

thehog said:
It's still simple :rolleyes:

SCA to get their 12m in under 2 months.

i'm with the hog on this one.........ok i have a simplistic approach

but if 'team lance' had any defence they would not have offered a cent

it's simple lance never should have received payment ( given what is now

known ) it's sca's $..............and 'team lance' is in no position to

argue otherwise
 
Jul 27, 2009
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We currently have a demand of 12 million and an offer of 1 million, I would imagine the settlement would be around 9 million done and dusted by the end of November.
 
Sep 25, 2009
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M Sport said:
We currently have a demand of 12 million and an offer of 1 million, I would imagine the settlement would be around 9 million done and dusted by the end of November.
I was thinking along the same lines, something between 8 and 10 mil.

Keep in mind that the very fact team Texas did a face-about wrt to settlement was because they realized they have very poor legal case and if csa pressed hard, they would also pay their legal fees plus the the 12 mil.

Otoh, walking away with 8 to 10 million with no blood spilled should be a prudent business decision.
 
logical

M Sport said:
We currently have a demand of 12 million and an offer of 1 million, I would imagine the settlement would be around 9 million done and dusted by the end of November.

that is a logical response..............however if i was sca i would hold out for

the total amount demanded......knowing that 'team lance' are in no position

to argue otherwise in court

coming up the $'s would be preferable to facing perjury charges?
 
python said:
I was thinking along the same lines, something between 8 and 10 mil.

Keep in mind that the very fact team Texas did a face-about wrt to settlement was because they realized they have very poor legal case and if csa pressed hard, they would also pay their legal fees plus the the 12 mil.

Otoh, walking away with 8 to 10 million with no blood spilled should be a prudent business decision.

Sure. If there was no emotion, ego or damaged reputations involved.

SCA have made their decision, and appear willing to risk losing another $2-3m in legal fees. That is clearly Board approved.

They want more than their money back. At this point, given they are highly unlikely to settle without admission of fault or something similar from Armstrong.

Wouldn't they also be interested in damages?

Thus, an educated guess suggests that their BATNA is well above $12m.

Dave.
 
Nov 8, 2012
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D-Queued said:
Sure. If there was no emotion, ego or damaged reputations involved.

SCA have made their decision, and appear willing to risk losing another $2-3m in legal fees. That is clearly Board approved.

They want more than their money back. At this point, given they are highly unlikely to settle without admission of fault or something similar from Armstrong.

Wouldn't they also be interested in damages?

Thus, an educated guess suggests that their BATNA is well above $12m.

Dave.


Yep. This is about more than money, at least that is my sense. The SCA attorney Tillotson appears to want his pound of flesh.

Interestingly, I have an attorney buddy who thinks this may be a downfall for SCA. According to him, if suit is brought "on principle" it's almost always a loser.
 
Scott SoCal said:
Yep. This is about more than money, at least that is my sense. The SCA attorney Tillotson appears to want his pound of flesh.

Interestingly, I have an attorney buddy who thinks this may be a downfall for SCA. According to him, if suit is brought "on principle" it's almost always a loser.

Depends how you account for the cost/benefit.

If you restrict the accounting to returns derived directly from the suit itself, then yes they might 'lose'.

If you look at their reputation and the impact on their broader business, then investing another $2-3m could readily be justified.

I think that they have already won. The only question now is how much will it cost Lance.

Dave.
 
Scott SoCal said:
Yep. This is about more than money, at least that is my sense. The SCA attorney Tillotson appears to want his pound of flesh.

Interestingly, I have an attorney buddy who thinks this may be a downfall for SCA. According to him, if suit is brought "on principle" it's almost always a loser.

Not if you've been defrauded since the original contract along with the client avoiding giving "testimony" like the black plague!

Its a slam dunk.

They will settle with "no fault" for an undisclosed sum - which will be 12m give or take 1m.
 
Aug 13, 2009
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M Sport said:
We currently have a demand of 12 million and an offer of 1 million, I would imagine the settlement would be around 9 million done and dusted by the end of November.

Lance does not have $9 million liquid.