Sunday, September 28, 2008

Landis Goes to the Feds

Update: Phone calls reveal the case was filed with the US District Court, Central District of California, Riverside on 3:20 PM Sep 25th, as case # CV08-06330 PA (CWx). First appearances are scheduled for 11/03/08 at 1:30pm in Courtroom 15. The papers are still not on PACER, which may take a few days. The case has been assigned to District Judge Percy Anderson and Magistrate Judge Carla Woehrle. Further filings will go to the Western Division at 312 N Spring St, room G-8, Los Angeles.


As reported by Bonnie Ford at ESPN, Landis has filed a suit in US Federal Court to vacate the CAS award. We don't yet see it in the PACER system, and so don't have a copy of the complaint we can publish, with a case number. If it was filed Friday, it might not turn up until Monday. Until then, we have Ford's report and a discussion over at rec.bicycles.racing, where some first pass issues are raised.

Ford says the core of the complaint deals with conflicts of interests by the arbitrators that were not, and should have been disclosed, particularly betwenn USADA counsel and WADA Code Author Richard Young, and Landis selection, Jan Poulsson. This includes "rotating roles" in different cases. Apparently the extent of the revolving door has only been apparent with some recent releases of case information by CAS.

Ford also reports a sticking point is the award of $100,000, which Landis claims was not properly argued before the panel as a matter of dispute.

Mr. Young's comment to Ford was that the only avenue of appeal is Swiss Court, and this always fails. Without access to the suit, we can't say what controlling law is being claimed by Landis, or how he is going to argue past the difficult venue and jurisdiction requirements.

RBR has some pointed conversation on these issues, but without the substance that will let us gain any real insight. It will suffice to say that some are saying Lawyers are wasting "Fraud's" money again, and that he doesn't stand a chance. Others would like to see some details before making judgment.

We don't know at this point ourselves. Getting past summary motions when trying to review an arbitration award is a big hurdle. We hope trying doesn't annoy potential sponsors for next year.

10 comments:

("Eightzero") said...

To race in the US, Floyd has to obtain a racing license from USAC. USAC might deny him one, claiming that contractually, he owes $100,000 from the last time they issued a him a license, and likely the USAC rules preclude issuance of a new license if someone hasn't complied with the terms of any previously issued license. I think it possible that review of that contract is indeed an issue for a US court. Floyd was promised an "arbitration." Was what he participated in really an "arbitration"? I would think this would be a question for a US court; merely reviewing the terms of the contract made by a US citizen. Would like to hear Judge Hue's opinion on the matter....

I looked on PACER as well. I'm curious who the defendant is - USAC or USADA?

And hey...isn't a desirable attribute in an employee...in a member of a cycling team...tenacity?

Tad said...

I am very happy to hear this. Guilty or not (and as far as I know, the work of the lab that found the banned substance hasn't been checked by a separate, independent lab), it is not right that he is given a penalty for using the "arbitration" system he had a right to use.

mwbyrd_70@yahoo.com said...

Check out this new article on ESPN.com: http://sports.espn.go.com/espnmag/story?section=magazine&id=3602352

I sure hope Tyler and Vino don't read the article. It specifically states that there isn't a reliable test for blood doping.

How long before USADA states that the article is inaccurate and wants to prove it...oh yeah, that'll never happen.

daniel m (a/k/a Rant) said...

MWB,

As far as I know, there's no reliable test that can detect blood doping with your own blood (so-called autologous blood doping).

There are tests, however, that are supposed to be able to detect blood doping using a different person's blood (known as homologous blood doping). Even though two people might have the same blood type, these tests look at other markers that supposedly vary from one individual to the next.

It's the second type of blood doping that Tyler and Vino were accused of. How reliable the tests for homologous blood doping are has been a subject of much debate, but the ADAs will all say they're dean-on accurate.

- Rant

beeble said...

TBV checking in from the hospital bed and laptop??

Slightly off topic but how freakin desperate to win do you have to be to shoot up someone else's blood parts?!?!

Just the thought of it makes me nauseous!!

Gah!!

tbv@trustbut.com said...

If you had any idea how boring what Bobby Unser quaintly called, "sheet time" can be, you'd know that having a laptop and network is a godsend.

TBV

daniel m (a/k/a Rant) said...

beeble,

Me,too. And it's dangerous, to boot. Using the wrong blood type can literally kill you. I know some people are "dying" to win, but that type of behavior takes the cake. Just like receiving the wrong blood type in a surgery can be fatal, homemade blood doping can, too.

TBV,

Glad to know that you're able to do something productive while faced with a fair amount of "sheet time." Here's to hoping you get sprung from the joint real soon.

beeble said...

TBV,

Damn right I know!!

After 2 surgeries on my broken neck in 2006, I'm planning ahead this time and will have someone bring my laptop to the hospital for what I hope is the last cracking-open of my spine on Nov. 4th!!

And wow, a Bobby Unser reset, what's next a Sam Posey-Emerson Fittipaldi story?!?!

Don't argue with the nurses...

mwbyrd_70@yahoo.com said...

Thanks Rant. I was just excited to see someone put it in print that the testing isn't as solid as it should be.

But wasn't Vino accused of blood doping with his own blood? Can't remember now - kind of numb to it.

Mike

daniel m (a/k/a Rant) said...

Mike,

Sorry about the slow response. To the best of my knowledge, Vino was accused of using someone else's blood. There's no real test, yet, that can definitively prove blood doping via your own blood. There are, however, certain markers that could indicate the possibility, but no real "gotcha" type proof yet. Problem is (for those who think about this), there are many explanations for how certain markers (such as the reticulocyte count) and test results (hemoglobin, hematocrit, etc.) can come up a certain way. Blood doping would be one reason, but it would not be the only reason.

If the authorities did accuse Vino of using his own blood, they'd need some different kind of evidence. Blood bags found with Vino's name on it, perhaps, which through DNA testing match his DNA profile. Puerto kind of evidence, but not anti-doping test type of evidence.