Tag Archives: Lawsuit

Readers Suing Lance Armstrong for “Autobiographies”

Suit needs more plaintiffs to meet federal court’s diversity jurisdiction requirement of over $75,000 in damages.

 Did you buy either of Armstrong’s books “It’s Not About the Bike” (2000) or “Every Second Counts” (2003)?

Then join the bandwagon of lawsuits consumers are filing against Armstrong and his publishers for: fraud, false advertising, and other wrongdoing for publishing denials that he never cheated.

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The complaint filed in Sacramento federal court, under Diversity Jurisdiction (28 U.S.C. §1332), alleges Armstrong tricked his audience to believe his books were truthful accomplishments done without cheating.

Because the complaint was filed in federal court under 28 U.S.C. §1332, the plaintiff (wronged consumers) must ask in good faith for compensation of no less than $75,000 and one cent. It would not be good faith for one consumer to ask such high damages individually and thus this suit is a class action. A class action filed under §1332 will take all of the plaintiffs individually, add their damages, and the summation must reach over the $75,000 and one cent. But will it?

It is reasonable to ask for damages spent on the book, but no more than that. Maybe $20 per book at the most. Thus, assuming everybody bought one $20 book the court would require 3,751 plaintiffs to reach the $75.01K threshold.

Similar Cases…

In 2006, James Frey, author of “A Million Little Pieces” settled a class action lawsuit for fraud by offering refunds for the cost of the memoir.

On the other side, in April of 2012 a federal judge in Montana denied a complaint for fraud against author Greg Mortenson of “Three Cups of Tea” as imprecise, flimsy and speculative.

Conclusion

The Armstrong scandal is on a global stage, affected millions, and thus sets it apart. Retribution is coming, just find your receipt!

“To be honest, we’ve sued so many people”

One of the most memorable quotes from Lance Armstrong’s “tell all” interview with Oprah.

This past Thursday Armstrong went public and reluctantly admitted to the world that he doped during all seven of his Tour De France victories. For the once champion it was a tough pill to swallow coming around to the truth. There is no doubt he is a competitor and in keeping this haunted secret he fought to the death.

Over the past decade Armstrong faced numerous allegations about his doping from former teammates, doctors, and competitors. And in a frenzy he responded with a fierce confidence, and sued more people than he can even count. With a strong legal team backing him it is not surprising he was so successful. As the saying goes, the best defense is a strong offense.

How many lawsuits did Armstrong file against the innocent?

Armstrong isn’t even sure. However, in 2006 the Associated Press reported Lance Armstrong saying “I think we’re 10-0 in lawsuits right now.” Including a $7.5 million dollar settlement against an insurance company, a libel case against Britain’s Sunday Times newspaper which settled for $500K, and a $5 million arbitration settlement against SCA insurance company. We can be confident many more were filed, since Armstrong can’t even recall all of them.

Will there be justice?

As of today the bbc reported SCA Insurance will be looking to recover the lost $5 million with interest, asking for $12 million. If not recovered they will pursue litigation. It is uncertain if the other lawsuits will follow, most likely dependent on the statute of limitations within the jurisdiction.

But for me…I cannot wait to see the suits taken against Armstrong in the quest for justice.