Lance Armstrong's representatives ask Judge Christopher Cooper to make a summary judgement on his case rather than send it to a jury trial

Lance Armstrong could see the US federal government’s $100m lawsuit against him wiped out if the summary judgement he has asked the judge for is accepted.

In what USA Today described as Armstrong’s “kill shot”, the disgraced cyclist’s representatives applied for the key parts of the case to be decided by District Judge Christopher Cooper rather than going to a jury trial.

Armstrong argues that the US Postal Service (USPS), which paid $32m in sponsorship, did not suffer damages as a result of the team’s use of drugs in the early 2000s.

“In the cold light of morning, the USPS sponsored a cycling team, received far more benefits from that sponsorship than anyone could have anticipated, and therefore have no actual damages and no viable claims against Armstrong,” his argument stated. “For these reasons … the Court should grant Armstrong’s motion for summary judgment.”

Armstrong admitted in 2013 that he used performance enhancing drugs to win all seven of his Tour de France titles between 1999 and 2005.

The US government is suing the Texan for nearly $100m under the False Claims Act, but his lawyers are arguing that the rider never had a direct contract with the USPS and wasn’t even part of the team when they started sponsoring it.

Armstrong’s argument states: “Although it turns out that Armstrong and other riders on the team used performance-enhancing substances and publicly denied doing so, the USPS enjoyed substantial benefits from the sponsorship and never took steps directly to address or prevent the use of performance-enhancing substances by team.”

USA Today reports that the government has also requested a partial summary judgement based on 41 claims made by the team for payment from the USPS. Armstrong’s argument says that he, himself, never submitted a claim for payment.

A decision from Judge Cooper is not expected for some months, according to USA Today.

  • Eric

    Finally, a legally valid argument in this case that strikes to the heart of the claims asserted therein. Sorry, Floyd…you sued the wrong party.

    There is a possibility it could reasonably be demonstrated that Tailwind Sports or US Postal racing team management knew of the doping that occurred under their watch. If L.Armstrong wasn’t contracted directly with the USPS, then those are the parties of whom there was both potential knowledge of fraud and genuine contractual liability….but, for there to be a claim of significant value, there also has to have been harm of a significant amount.

  • Eric

    Pull your head out of the sand. It’s an ongoing case with a potential value of some $100 Million. Doping is still a big issue in sports, not just bicycle racing. Just because *you’re* done with the situation, doesn’t mean that others are.

  • Andy

    Why is this schmuck still in the NEWS. ?

  • Chuck6421

    USPS executives and management could all wear clown shoes and red rubber noses for a month and it would only improve their image. Lance was a veritable windfall.

  • Alex

    There’s always LA to rely on for a lighter note ………….
    He’s still looking good these days, hasn’t got a double chin yet ;@)

    I have to agree with him on this one. The USPS probably made shed loads of cash. they were happy to rake it in. Why don’t they return some of this cash to their customers who bought their services based on the success of their Pro cycling team? It’s starting to get a bit absurd if this were to be the outcome. They made money however which way you look at it, so they have no losses so the their claim should be struck out. I mean which business deal doesn’t have an element of ripping another party off or not disclosing everything? The bankers ………… sales of property ……… even that old jalopy bike you sold on eBay with the cracked frame which you didn’t mention.