Armstrong Can’t Escape DOJ Fraud Suit

On Thursday June 19, 2014, Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia ruled on Lance Armstrong’s motion to dismiss the fraud case he is facing against the US Department of Justice. In an 81 page ruling, Judge Wilkins denied Armstrong’s request without prejudice.

Armstrong argued that the case should be dismissed on two grounds. First, he argued the six-year statute of limitations on bringing the suit had run. He also argued the government knew he was using …

March 3, 2014 Doping / Insurance

Insurers Seek to Re-Open Arbitration Claim against Armstrong

On February 21, attorneys for the now disgraced cyclist Lance Armstrong found themselves back in court. The embattled athlete’s legal team is attempting to fight a motion to re-open a 2006 arbitration decision which forced the Dallas-based sports insurance company SCA Promotions to pay Armstrong $12 million dollars in performance bonuses. As Armstrong has since come out and publicly admitted to doping, SCA believes that it should receive reimbursement for the monies it paid to Armstrong for winning three of Armstrong’s seven Tour de France …

February 12, 2014 Doping / MLB

A-Rod Forfeits in Fight with MLB Over Suspension; Drops Suit Against League

Recently, arbitrator Frederic Horowitz reduced the 211-game suspension of Yankees all-star third baseman Alex Rodriguez to 162 games for A-Rod’s role in the Biogensis performance-enhancing drugs scandal. A-Rod wasn’t satisfied with the reduction, however, and filed a tortious interference lawsuit against Major League Baseball and MLB Commissioner Bud Selig in New York federal court with the hopes of reversing the suspension entirely.

Now, A-Rod’s attorney Joseph Tacopina acknowledged to ESPN that the all-star had filed a voluntary notice of dismissal which effectively dropped the lawsuit. …

November 22, 2013 Doping / Litigation

Lance Armstrong Settles and Avoids Questioning Under Oath

Just one day before Lance Armstrong was to be questioned under oath about his doping practices, he settled a lawsuit brought earlier this year and avoided his deposition.

In February 2013, Acceptance Insurance Company sued Armstrong after he admitted to doping during an interview with Oprah Winfrey. The company, like many others, wants the money it paid to Armstrong back. In Acceptance’s case, the company sought the return of $3 million in bonuses it paid for wins from 1999 to 2001.

On November 20, Armstrong …

November 8, 2013 Doping / PGA

Was Vijay Singh “Singhled” Out?

Late last month, we reported that the PGA Tour asked the court to dismiss Vijay Singh’s public humiliation claims. While the judge has yet to make a decision on that motion, recently released court transcripts from the oral arguments show that Singh thinks he was discriminated against.

Singh’s attorney claimed that Singh was singled out in his punishment. He said the tour treated Singh differently than others for some reason. It could be “because Mr. Singh isn’t from the United States or Mr. Singh didn’t …

October 25, 2013 Doping / Golf / PGA

PGA Asks Court to Buck Singh’s Deer-Antler Spray Case

A New York judge must decide whether to dismiss Vijay Singh’s case claiming public humiliation against the PGA Tour. As we reported at that time, in May, Singh sued the PGA for the “reckless administration and implementation” of its anti-doping program. On October 24, 2013, the PGA asked the judge to dismiss the case.

In January 2013, Sports Illustrated reported that Singh admitted to using a product called “The Ultimate Spray.” The spray contains trace amounts of Insulin-Like Growth Factor-1 (IGF-1), which is banned by …

September 26, 2013 Doping / Litigation

Armstrong Faces Uphill Battle Against US Justice Department’s Lawsuit

In the wake of Lance Armstrong’s doping confession, the tide is still not settled. On Monday, September 23, 2013, the US Department of Justice, on behalf of the US Postal Service, urged a federal judge to allow the government’s fraud lawsuit against Armstrong to continue.

In January 2013, the Toure de France “winner” confessed to using performing enhancing drugs in a television interview with Oprah Winfrey. The confession was “arguably the greatest fraud in the history of professional sports,” according to a government filing.

In …

August 20, 2013 Doping / MLB

A-Rod: Not Going Down without a (Malpractice) Fight

Alex Rodriguez’s newest target is apparently the Yankees’ team physician. According to reports, A-Rod is exploring a potential malpractice suit against team doctors for “deliberately misdiagnosing” an injury that may have contributed to his woeful performance in 2012.

To read the rest of this article, please visit Professional Liability Matters.

This post was authored by Professional Liability Matter bloggers – Lila M. McKinley and Steven C. Capobianco

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August 9, 2013 Doping / NFL

Do the NFL and Its Fans Care About Steroids?

In the wake of the notorious Alex Rodriguez/Biogenesis/performance enhancing drug (PED) scandal, fans have been questioning the lack of response from various other sporting organizations. The Biogenesis scandal has implicated more than just MLB players. Indeed, athletes from the NBA, MMA, tennis and NCAA have also been caught up in this scandal. Surprisingly, no players from the NFL have been implicated and the main reason is because these steroids are legal so they will not have any problem.

Since 2010, the NFL has adhered to …

August 8, 2013 Doping / MLB

Burden on MLB to Justify A-Rod Suspension

A disgruntled former employee of Biogenesis of America, a Coral Gables, Florida “Anti-Aging Clinic,” angry over unpaid wages, leaked records indicating that as many as 20 Major League Baseball (MLB) players were purchasing banned performance enhancing drugs (PEDs), including Human Growth Hormone (HGH), testosterone, and anabolic steroids. Biogenesis was an “anti-aging” clinic owned by Anthony Bosch, just across U.S. 1 from the University of Miami, housed in what was once a motel. Biogenesis offered its mostly wealthy clients assistance in weight loss, physical fitness, and …