DiLuca Case: Lpr Seeking Damages
Call 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.
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…
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
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 . . .
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.
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
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.
I didn't watch my buddies die face down in the mud
so you could prance around posting however the hell you want.
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)
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)
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.
The goat who knew too much?
I reckon you could make a film out of it.
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.
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.)
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)
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.
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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