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SubscribeTrek LeMond Watch: Motions Ruling
Tue, 12/08/2009 - 6:16pm by Andy
There's a pretty good summary of Friday's rulings from Judge Richard Kyle on Velonews and the NY Daily News, so I'll just pick up where they left off. Here's a press release from Greg LeMond's law firm with more perspective.
The short version of events is that all but one motion from each side were granted, so if the case went to trial only two issues will be litigated. From Trek's side, the jury would decide if LeMond violated the moral turpitude clause by speaking out about Lance Armstrong's association with Michele Ferrari. From LeMond's side, the only issue remaining is whether Trek put forth their 'best effort' to promote the LeMond brand.
Trek had claimed that LeMond undercut dealers and violated their agreement by licensing accessories to another company. But the only claim they will be able to litigate is the one that concerns doping. Trek argued that Lemond's comments hurt the brand regardless of Armstrong's innocence, but Judge Kyle showed an interest in the veracity of LeMond's accusations during the motions hearing. That indicates that in trial he might want to know if Armstrong actually doped. If it's true that these events were put in motion by Armstrong pressuring Trek CEO John Burke into dropping the LeMond brand, will there now be pressure from the Armstrong camp to not have his doping accusations hashed out in federal court?
Furthermore, the judge added in a footnote that the Trek's claim may not be viable once more evidence is brought during trial. This would amount to Trek's entire case being thrown out, leaving only LeMond's suit. Trek attorney Ralph Weber was confident that Trek's case will remain viable, especially in light of newly admissible dealer and consumer emails that demonstrate that LeMond made bike sales more difficult with his comments.
LeMond's sole surviving claim contends that Trek did not exert its 'best efforts'. Trek countered that they were only contractually obligated to spend a hard and fast number of 3% of annual net sales on promotion, and having met that burden, they fulfilled their end of the contract. Trek asked the court to not impose the subjective standard of 'best efforts', but the court ruled that it was an integral part of Trek and LeMond's Sublicense Agreement, and therefore must be litigated.
The two sides have been ordered to attend a settlement conference on January 28. Settlement talks will likely take place in the days leading up to that conference. LeMond attorney Jamie DiBoise would not comment on LeMond's plan of action, stating that he asked LeMond to enjoy the holidays and not think about the trial until the new year.
Read the full ruling here.
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Add a commentNew Trekstrong bike model: The "Regler." It'll have very neutral geometry, solid color w/no flashy graphics, and comes with a free annual subscription to Guns & Ammo magazine.
Bet the pharm on this one:
1)settlement out of court for an undisclosed amount. Lemond gets a check and both sides politely claim a modest 'victory'.
Rationale:
a)trek did not meet the 'best efforts' standard which is a very high bar.
b)trek's own anti-competitive behavior with dealers admissable under their claims against Lemond-not a good idea.
c)Lance's alledged doping irrevalent, but likely inteference on trek "best efforts" obligation is decisive.
No fireworks here folks. Terms will be confidental and no discussion of the all the good drama in this one.
Love the very creative bike model names. Makes one think how much love there is out there for LA.
My fav - The Olson
dribble, drivel. it's almost the same!!!
lemond is full of himself. always the victim, always looking for way to sue someone to pad his income since nobody will pay for his dribble.
ahhhhhhhhhhhhhhhhhhhhhhhh
Prediction: LA goes down O'10. Tiger was a good primer - and he is without a doubt at least deserving of his fame through legitimate performance on the golf course. Who made a fuss about that? In LA's case, people actually like it when successful people go down that have success based on a sketchy build up. Who can venture a guess as to how many people in this world that have survived cancer, even multiple cancers, that cannot associate LA with trek brand bikes or the color yellow. If he goes down, gasp, does it do more damage to those that follow the sport, or those that are enthusiasts with a personal link to cancer?
here's my prediction: an equitable settlement is reached, contractual-based lawsuit goes away, lance doesn't have to testify, then later lemond says something that fcuks it all up and finds himself back in court...
"the boss". only for those with big egos. ("zip the lips" gesture sold separately).
Didn't Cozy-Bee Boy already cover this?
ARMSTRONG Alpha Bigger than lemond omega.
Pro level road bike: "The Mask"
Time Trial bike: "The Shield"
"The Bottle" model will have relaxed geometry (for stability), featuring an H2O boss set on each of the seat & down tubes, 2 sets of bosses on each seat stay, optional steel fork will have bosses on each fork blade, and integrated seat mast will have one set, resulting in max 9 bottle carrying capacity.
The Jenkins will have a brushed metal finish that will give you a slightly distorted reflection, so no matter how bad you are, she will always make you look great.
There will also be a cheap entry level bike called the Pistolero. If you get the time trial version of that however, you will have to pay extra if you want it to come with wheels.
The "J.K. Livin" will be a rugged, bare finish titanium mountain bike.
The Kristen....love it! Would that be done in a "mixte" style?
It too me 4 hours but I just got the 2-1=7 joke. I have GOT to stop smoking so much kush during lunch.
The Kristin - for those long suffer fests that help you find God.
An all aluminum, one-to-two-season-only race bike will the called The Crow.
The Olson could have two models that are very similar but the one is a super light.
I second the Omerta as the top line. How about the Simeoni for a nice quiet city bike? The Michele F. will have a motor on it. The Levi will come with 8 bottle cages. The public will come with a mask made of wool. The Half Empty Sack will be the kids bike. The Carmichael will come with half a brain (and a Nike watch). And another second for The Olson - the kid's bike.
2-1=7?
the omerta. it's a quietly loyal, verbally compliant, stage race bike.
the mcquaid is a do anything bike. throw enough money at it, and it will "do anything".
Top of the line Armstrong model: "The Uno." The line of kids' bikes will be called "The Olsen."
yadayadayada, never was really a fan of lemond after his retirement....... until he stated FACTS bout armstrong
Can't wait to see the Armstrong line of bikes.
Let's help with some potential model names...
Didn't Armstrong and Burke publicly slam LeMond stating he was a thief who stole bikes from Trek?
How come no journalists are asking Trek or Lance about that? I hate how journalists never ever follow up. Get some gumption to do the right thing. Two women cover cycling and they're an embarrassment to the integrity of journalism.
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