U.S. District Judge Sam Sparks on Monday dismissed Lance Armstrong's lawsuit against USADA, concluding that: 1) while USADA processes were questionable, they accorded with due process (although the court skipped the prior question of whether USADA is a government actor); 2) Armstrong had to resort to administrative and foreign remedies; and 3) he contractually agreed to arbitrate all doping matters with USADA. On Thursday, Armstrong announced that he is not going to fight the USADA proceedings. This likely means he will be stripped of his seven Tour de France titles, his Olympic medal, and all other cycling accomplishments dating back to 1998; he also may receive a lifetime ban from cycling.
Armstrong's statement continues to insist that he never doped or used PEDs. It explains that he decided to "turn the page." While he would "jump at the chance" to defend himself if he thought the process was fair or legitimate, he "refuse[d] to participate in a process that is so one-sided and unfair." But, he reminded everyone, "I know who won those seven Tours, my teammates know who won those seven Tours, and everyone I competed against knows who won those seven Tours."
In taking this position, Armstrong sounds very much like Pete Rose. Rose similarly stopped fighting MLB's investigation and accepted a punishment, but without admitting any wrongdoing. He then spent fifteen years insisting that he had done nothing wrong and that no one had proven that he had done anything wrong and reminding everyone that someone got all those hits and achieved all those things on the field. Eventually, of course, Rose gave up and admitted wrongdoing.
Curious to see what happens with Armstrong going forward.
Is NCAA abusing discovery process in O'Bannon v. NCAA? Sonny Vaccaro targeted
Jon Solomon of The Birmingham News writes today about the NCAA targeting Sonny Vaccaro, an unpaid adviser to Ed O'Bannon's legal team in the former UCLA star's class action lawsuit against the NCAA. O'Bannon's case is in discovery and the NCAA wants tons of records from Vaccaro, whom the NCAA describes in disparaging ways:
Court documents filed in June show that the NCAA wants records from Vaccaro. The NCAA says they're relevant to the players' claims they can't sell their likenesses. The NCAA's attorneys use words like "agent," "runner" and "broker" to paint Vaccaro's livelihood coming off the backs of players.
The players' attorneys say Vaccaro criticized the NCAA long before this suit, and that the NCAA hasn't denied investigating Vaccaro and now wants to accuse him of improprieties.
"This is scorched-earth litigation," the players write.For more, click here.
Counters the NCAA: "Vaccaro and his organization are at the heart of decisions and financial careers of former student athletes. Vaccaro's participation in gathering plaintiffs is directly relevant to the merits of the claims as well as the qualifications of the class members."
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