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DiLuca Case: Lpr Seeking Damages

Blood_mediumCall him il Killer di Billable Hours? Danilo DiLuca's legacy to cycling probably won't be his tarnished on-bike accomplishments, after what seems like a fairly straightforward doping case moves forward to his likely banishment. But according to La Gazzetta, Lpr Brakes is ginning up proceedings to seek damages from DiLuca to compensate for the harm he has done to the team. So maybe DiLuca will leave a legal legacy to the sport, at least. Here's the team statement, via Google Translations:

"Moreover, the athlete - it is stated in a note from the LPR - will be held responsible for all damages resulting image is like to sponsor the team for both the company reserves the right to instruct their lawyer to act through the courts to protect of its repute in order to determine the damage caused to the team, defending the interests of itself and recover all costs, penalties and fines that the sponsors and / or Rcs decides to ask the team. "

I have to wonder what exactly this amounts to, besides some scary sounding language. Cost recovery? Sure, to the extent Lpr has to pay penalties to the Giro. If Lpr has a contractual damages clause in its arrangement with the team, it's a little hard to tell whether DiLuca can be responsible for those Euros. That's probably (I have no actual idea) a deal between the cycling team (Bf Cycling Management) and the Lpr Brakes company, and/or Farnese Vini and others. Can DiLuca be sued for damages in a contract to which he wasn't a party? I wouldn't think so, unless his own deal with Bf Cycling Management extends to him that responsibility.

Then there's the amorphous "image damages." Lpr will say "you stained our reputation." DiLuca can counter that much of their reputation hinged on his success, since they weren't up to much otherwise. He could also challenge the idea that people really assumed they were completely above board anyway, and at least in the US system he might call some other riders to testify about their own activities. Lastly, my favorite defense (which he's probably too proud to raise) would be something along the lines of, 'hey, you hired me after my first doping suspension, do you really think you had a clean reputation?' Heh heh... hey, if they're looking to bankrupt the guy, he might give this last defense some serious thought.

Anyway, just doing some lawyerly thinking out loud...

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Third party beneficiary?

While this is not the area I practice in, I wonder if the theory is a third party beneficiary theory. Again, that is the only idea I have in my head given he isn’t a main party to the contract. However, Italian law is likely far different than in the US.

by ncmussell on Aug 12, 2009 1:15 PM EDT reply actions  

Briefly hidden

in the name of post coordination. Never mind!

ABRUZZIAM...uh oh

by Chris Fontecchio on Aug 12, 2009 2:04 PM EDT reply actions  

"We need to put out some legalsounding hogwash

in a vain attempt at trying to crawl out of the ginormeous pile of dogshit, our cynical behaviour has landed us in. If we are insanely lucky the team won’t go down in flames together with our posterboy captain"

Anyway, just doing some extremely un-lawyerly thinking out loud…

by Jens on Aug 12, 2009 2:06 PM EDT reply actions  

snort

"at the end of the day, it's only the tour de france."- bradley wiggins (and majope)

by Ben Shave on Aug 12, 2009 2:16 PM EDT up reply actions  

Are we supposed to love or hate lawyers on a Weds?

BAH!!!!....Cavendish?!

TLP 7.0 Whereof one cannot speak, thereof one must be silent

by bradBordeaux on Aug 12, 2009 2:09 PM EDT reply actions  

I vote

love. And if you disagree with me, I’ll sue you.

ABRUZZIAM...uh oh

by Chris Fontecchio on Aug 12, 2009 2:14 PM EDT up reply actions  

No need to sue

just send ‘em over to crashdan’s billdozer aversion therapy section of the cafe . . .

by R Mc on Aug 12, 2009 2:38 PM EDT up reply actions  

That was therapy?

You see how calm Vaughters is? That’s because he’s really one giant seething ball of Evil inside. With like, extra Evil.

by Ed K on Aug 14, 2009 3:22 PM EDT up reply actions  

That last thought

where DiLuca points to his hiring to rebut their claim of harm… Let’s call it the Sideshow Bob defense:
A TV commercial for Sideshow Bob is shown.

       [scene shows prisoners going in a revolving door and coming out
       immediately]
Voice: Mayor Quimby supports revolving door prisons. Mayor Quimby even
       released Sideshow Bob — a man twice convicted of attempted
       murder.
        [scene shows prisoners leaving on escalator and ski lift]
       Can you trust a man like Mayor Quimby? Vote Sideshow Bob for
       mayor.

ABRUZZIAM...uh oh

by Chris Fontecchio on Aug 12, 2009 2:18 PM EDT reply actions  

I know

This would be a good example of the Drew-rules

by Jens on Aug 12, 2009 2:27 PM EDT up reply actions  

Jens, you're out of your element!

I do mind, the Dude minds. This will not stand, ya know, this aggression will not stand, man.

by Drew Davis on Aug 13, 2009 12:19 PM EDT up reply actions  

I didn't watch my buddies die face down in the mud

so you could prance around posting however the hell you want.

by Jens on Aug 13, 2009 3:49 PM EDT up reply actions  

i can't help admiring LPR

if only for having the balls to hire an unrepentant doper, building him up as a king of the road, then declaring that they will sue when he, surprise surprise, tests positive again. i wonder if they actually think that this is how cycling should work?

"at the end of the day, it's only the tour de france."- bradley wiggins (and majope)

by Ben Shave on Aug 12, 2009 2:18 PM EDT reply actions  

ha exactly

that’s an excellent way of putting it!

"at the end of the day, it's only the tour de france."- bradley wiggins (and majope)

by Ben Shave on Aug 12, 2009 3:43 PM EDT up reply actions  

This causes me to wonder...

Maybe the Killer is the one who really killed Girobecco for knowing too much.

Mon coeur appartient aux les forçats de la route.

by Josenka on Aug 12, 2009 4:23 PM EDT reply actions  

The goat who knew too much?

I reckon you could make a film out of it.

by Drongo on Aug 12, 2009 7:33 PM EDT up reply actions  

This sounds like a lot of hot air.

LPR is basically saying, “we reserve the right to have our lawyers look into this.” There’s no indication that any viable cause of action exists under Italian law (or Irish law, or any other law that might apply). Also, even if the sponsor could sue Di Luca as a third-party beneficiary to the contract between Di Luca and the team, or whatever, it’s hard to imagine that the possible damages recoverable from Di Luca would be worth the effort and the cost.

My take: this is just a new twist on the typical disengenous show of outrage by a party that knew the risks it was taking, but took them anyway in the hopes of scoring big with a star rider. And it’s perhaps the least convincing such show since Bruyneel claimed he was duped by Basso’s lying eyes.

by Susie Hartigan on Aug 12, 2009 4:57 PM EDT reply actions  

Didn't the Gerolsteiner boss talk about sueing Schumacher?

(Or maybe it was Kohl. Pretty sure he’d given up by the time Rebellin got caught.)

by William H on Aug 12, 2009 6:30 PM EDT up reply actions  

i think talked

is the important word here :) this is the best way of showing their indignation, but it definitely wouldn’t stand up in court!

"at the end of the day, it's only the tour de france."- bradley wiggins (and majope)

by Ben Shave on Aug 12, 2009 6:35 PM EDT up reply actions  

precisely

This is press conference image control.

We will sue! => They have sued = They don’t condone doping.
A bit like, ‘I will be tested lots!’ => I am being tested lots ≠ Don’t look now but I told him he wasn’t to test me.

It’s the image that’s important; it creates an impression in people’s minds, and after the initial hue and cry, they can simply ignore the idea.

by Drongo on Aug 12, 2009 7:41 PM EDT up reply actions  

Yes, he did

But I haven’t heard anything about it since then. Benrazor is probably right.

Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.

by TheFigurehead on Aug 13, 2009 3:54 AM EDT up reply actions  

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