Floyd Landis, USADA Settle Lawsuit

Trust but Verify has reported that the lawsuit Floyd Landis filed against the United States Anti-Doping Agency (USADA) and the Court of Arbitration of Sport (CAS) has been settled in United States Federal Court with prejudice. The case hinged on a $100,000 fine imposed on Floyd Landis by the Court of Arbitration of Sport, a fine that would have had to be paid to USADA before USA cycling would issue Mr. Landis a license to race in UCI sponsored events. Mr. Landis also sought a order from the Federal Court to vacate the CAS suspension and revocation of his 2006 Tour de France title.

Although no details of the settlement have been released, this agreement in U.S. Federal Court may mean that the Floyd Landis legal saga is over. With prejudice means that no further filings can be entertained by a U.S. Federal court. Mr. Landis may have had recourse to legal relief in a Swiss court since the Court of Arbitration of Sport is located in Switzerland and must abide by Swiss law. But the deadline for filing a Swiss appeal may have passed.

A settlement of the case by USADA, even if the CAS ordered $100,000 imposed fine cannot be collected, may have been the best option for the CAS and USADA. The jurisdictional issues of by whom and where Court of Arbitration of Sport imposed sanctions may be litigated were obviously avoided. But it is assumed that if the fine is not collected then the Federal Courts do have jurisdiction over USADA and USA Cycling.

The Court of Arbitration of Sport may be exempt from U.S. Federal Court action (an untested premise). Portions of the award of the Court of Arbitration of Sport may be exempt from legal recourse in the United States; the entire award was not vacated; (an untested premise). But apparently portions of the CAS award that apply to entities in the United States, such as CAS ordered fine that Mr. Landis had to pay USADA as a condition for a USA Cycling license is under jurisdiction of U.S. Federal Courts and may be rescinded.

Of course, Travis Tygart and USADA have ended the examination of the other issues asserted by Floyd Landis. The back room deals; the vote rigging on high profile cases; the corruption of officials of the Court of Arbitration of Sport.

And Mr. Landis will never recover his Tour de France title or his prize money.

USADA and the CAS have won another victory. Floyd Landis is the clear loser even though he may race again.

This surrender by both sides fills me with loathing.