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Bizarre interview with FL

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Old 16-01.-2008, 10:29 AM   #61
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by C'dale Girl
Yes, both professions can be sued for malpractice. Which is why my original question to the poster was "on what grounds would FL sue his attorneys" (i.e. what did they do wrong?)

The answer I got was that they lost. Apparently, that is what they did wrong.

Do you see any malpractice by FL's attorneys in his case?
I haven't reviewed the details of the case so I can't answer directly. But Flandis may or should think his lawyers did something wrong since he KNOWS he is innocent of charges yet still is convicted (put simply). I'm sure if someone nitpicks the case they will find areas where his lawyers either could have argued a point better or made an error, even if it is one of omission. For one, I thought Suh came across as a smug a-hole - that couldn't have helped. Oh, and that whole LeMond fiasco (attacking a witness that was just intimidated) probably didn't help either.
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Old 16-01.-2008, 10:33 AM   #62
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Default Re: Bizarre interview with FL

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Originally Posted by limerickman
The US in particular is a highly litigious country.
No disrespect to our legal friends but when you have a society whose structures were created by lawyers, litigation is bound to prosper.
That is an understatement. When the vast majority of legislators are lawyers, I wonder who the law favors?
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Old 16-01.-2008, 11:39 AM   #63
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Default Re: Bizarre interview with FL

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Originally Posted by limerickman
Well the labs used to test samples are staffed by eminently qualified people.
All of the labs that do conduct tests have to have reliable methodology...if they don't have reliable methodologies and, as a result, issue results which are clinically incorrect, those labs would lose their funding and the reputation of the staff would be seriously imperilled and makes their chances of gaining future employment very difficult.

No credible lab and/or scientist would deliberately corrupt a sample to achieve a given result - it's more than their reputation is worth.
Lim, I think it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans, Hamilton and Landis. Others threatened (if I remember) but never followed through. I think this is for two primary reasons.

1. The current culture in America promotes this behavior. The saying 'sue 'em' is commonplace and almost slang in many parts. This behavior is promoted because it is possible for plaintiffs to win money, sometimes large sums, for BS. Most of these cases are settled out of court because the defendant realizes it will cost as much or more to fight the case (with an expensive lawyer) than to just 'pay off' the plaintiff. And if you win as the defendant, you gain nothing in the end and usually lose thousands to the lawyer. Additionally, most cases are taken by lawyers for no fee unless the plaintiff wins. Thus the plaintiff has no personal liability for bringing forth a case with little merit. I know Landis and Hamilton had to pay lawyer fees, but to avoid this, they set up 'foundations' which essentially provided them the same scenario. While in Europe I never found this behavior, and when talking with Europeans, I again find this culture foreign to them, which is good for you across the pond.

2. America is plagued...I mean full of aggressive lawyers. They have to make a living like everyone else and civil litigation can pay the bills and even be very profitable. There are many lawyers and firms across the country willing to take on such cases. Our law schools produce more lawyers than we need which causes much of this mess.
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Old 16-01.-2008, 12:56 PM   #64
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by fscyclist
Lim, I think it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans, Hamilton and Landis. Others threatened (if I remember) but never followed through. I think this is for two primary reasons.

Danilo Hondo

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Originally Posted by fscyclist

2. Our law schools produce more lawyers than we need which causes much of this mess.

You would think with the number of lawyers churned out, the law of supply and demand would kick in and the cost would go down. Instead the lawyers just invent new things to sue about.
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Old 16-01.-2008, 04:22 PM   #65
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Default Re: Bizarre interview with FL

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Originally Posted by limerickman
Well it's worth re-rading some of the comments that were posted immediately after Landis got busted and when both samples tested positives.

Too bad the search function has been disabled. It would be fun to revisit the comments. The comments after Hamilton tested positive would probably be even funnier.
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Old 16-01.-2008, 08:57 PM   #66
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by Bro Deal
Too bad the search function has been disabled. It would be fun to revisit the comments. The comments after Hamilton tested positive would probably be even funnier.


If you really do wish to put yourself through the torture of re-reading some out(f)landish excuses see these

http://www.cyclingforums.com/t-354418-15-1.html

http://www.cyclingforums.com/t356046.html

http://www.cyclingforums.com/t355965.html


http://www.cyclingforums.com/t355988.html

http://www.cyclingforums.com/t356223.html
this one is hilarious.

http://www.cyclingforums.com/t356065.html
more excuses.

http://www.cyclingforums.com/t356297.html
and more
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morelike hypocrisy.
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Old 16-01.-2008, 08:59 PM   #67
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by limerickman

We should hold a contest to find the most outrageous posts.

Hopefully I won't be too embarrassed.
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Old 16-01.-2008, 09:23 PM   #68
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by fscyclist
Lim, I think it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans, Hamilton and Landis. Others threatened (if I remember) but never followed through. I think this is for two primary reasons.

1. The current culture in America promotes this behavior. The saying 'sue 'em' is commonplace and almost slang in many parts. This behavior is promoted because it is possible for plaintiffs to win money, sometimes large sums, for BS. Most of these cases are settled out of court because the defendant realizes it will cost as much or more to fight the case (with an expensive lawyer) than to just 'pay off' the plaintiff. And if you win as the defendant, you gain nothing in the end and usually lose thousands to the lawyer. Additionally, most cases are taken by lawyers for no fee unless the plaintiff wins. Thus the plaintiff has no personal liability for bringing forth a case with little merit. I know Landis and Hamilton had to pay lawyer fees, but to avoid this, they set up 'foundations' which essentially provided them the same scenario. While in Europe I never found this behavior, and when talking with Europeans, I again find this culture foreign to them, which is good for you across the pond.

2. America is plagued...I mean full of aggressive lawyers. They have to make a living like everyone else and civil litigation can pay the bills and even be very profitable. There are many lawyers and firms across the country willing to take on such cases. Our law schools produce more lawyers than we need which causes much of this mess.
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Old 16-01.-2008, 09:38 PM   #69
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by fscyclist
Lim, I think it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans, Hamilton and Landis. Others threatened (if I remember) but never followed through. I think this is for two primary reasons.

1. The current culture in America promotes this behavior. The saying 'sue 'em' is commonplace and almost slang in many parts. This behavior is promoted because it is possible for plaintiffs to win money, sometimes large sums, for BS. Most of these cases are settled out of court because the defendant realizes it will cost as much or more to fight the case (with an expensive lawyer) than to just 'pay off' the plaintiff. And if you win as the defendant, you gain nothing in the end and usually lose thousands to the lawyer. Additionally, most cases are taken by lawyers for no fee unless the plaintiff wins. Thus the plaintiff has no personal liability for bringing forth a case with little merit. I know Landis and Hamilton had to pay lawyer fees, but to avoid this, they set up 'foundations' which essentially provided them the same scenario. While in Europe I never found this behavior, and when talking with Europeans, I again find this culture foreign to them, which is good for you across the pond.

2. America is plagued...I mean full of aggressive lawyers. They have to make a living like everyone else and civil litigation can pay the bills and even be very profitable. There are many lawyers and firms across the country willing to take on such cases. Our law schools produce more lawyers than we need which causes much of this mess.


Agreed : given the circumstances that you have outlined, it is no wonder that
the USA is very litigious.
Of course, it's the prerogative of a society to decide whether or not to allow the circumstances for those levels of litigation.
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morelike hypocrisy.
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Old 16-01.-2008, 09:52 PM   #70
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by fscyclist
... it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans....
fscyclist, you are...
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Old 17-01.-2008, 12:40 AM   #71
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by fscyclist
Lim, I think it is no coincidence that of all the confirmed dopers in recent memory the only two riders to attack the process with a complete legal onslaught were Americans, Hamilton and Landis. Others threatened (if I remember) but never followed through. I think this is for two primary reasons.

1. The current culture in America promotes this behavior. The saying 'sue 'em' is commonplace and almost slang in many parts. This behavior is promoted because it is possible for plaintiffs to win money, sometimes large sums, for BS. Most of these cases are settled out of court because the defendant realizes it will cost as much or more to fight the case (with an expensive lawyer) than to just 'pay off' the plaintiff. And if you win as the defendant, you gain nothing in the end and usually lose thousands to the lawyer. Additionally, most cases are taken by lawyers for no fee unless the plaintiff wins. Thus the plaintiff has no personal liability for bringing forth a case with little merit. I know Landis and Hamilton had to pay lawyer fees, but to avoid this, they set up 'foundations' which essentially provided them the same scenario. While in Europe I never found this behavior, and when talking with Europeans, I again find this culture foreign to them, which is good for you across the pond.

2. America is plagued...I mean full of aggressive lawyers. They have to make a living like everyone else and civil litigation can pay the bills and even be very profitable. There are many lawyers and firms across the country willing to take on such cases. Our law schools produce more lawyers than we need which causes much of this mess.
Agreed on every point. However, always remember, behind every lawyer there is a client that walks into their office. Without the client, the lawyer has no case. But American society is always out for a quick buck . . . . "get rich quick" schemes.

Also remember that behind many cases' human clients, there is an insurance company driving the force. It's a lot more complex problem than simply blaming the lawyers, though I repeat, I agree with all of your thoughts.

The fact that individuals don't get punished for filing ridiculous claims only adds to the problem . . . . that would be a good deterrent that seems to work elsewhere.
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Old 17-01.-2008, 12:44 AM   #72
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Default Re: Bizarre interview with FL

Quote:
Originally Posted by limerickman
Agreed : given the circumstances that you have outlined, it is no wonder that
the USA is very litigious.
Of course, it's the prerogative of a society to decide whether or not to allow the circumstances for those levels of litigation.

Oh, I just saw that Lim made the same point about the societal driving force (i.e., the fact that behind every lawyer there is a client).
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Old 17-01.-2008, 12:52 AM   #73
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Default Re: Bizarre interview with FL

Speaking of ridiculous lawsuits, is anyone aware of what happened to the ones filed by Josh Hancock's father? For those who are unaware of this case, Josh Hancock was a baseball player, who drove his SUV at twice the legal blood alcohol limit (and speeding and using his cell phone and not wearing a seat belt) and died in a crash with a tow truck which was there to tow out a stalled car. The father sued the restaurant for serving Josh drinks, sued the owner of the car that broke down for negligent maintenance, and sued the towing truck company for failing to tow the stalled car on time.
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Old 17-01.-2008, 01:36 AM   #74
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Did he sue his son too?
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Old 17-01.-2008, 03:00 AM   #75
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Ahhhh, the American way.
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