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Archived articles from 2012
240 articles found
USADA Case against Lance Armstrong | USADA Adjudication Process Part IV | The Arbitration Hearing
By Victoria VanBuren - July 25, 2012
by Renée Kolar Jurisdiction The arbitrator(s) has the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. See AAA Supplementary Procedure for the Arbitration of Olympic Sport Doping Disputes, Annex D of USADA Protocol [hereinafter AAA Supplementary Procedure], R-7. The arbitration clause shall be treated as an agreement independent of the other terms
USADA Case against Lance Armstrong | USADA Adjudication Process Part III | The Appointment of Arbitrators
By Victoria VanBuren - July 24, 2012
by Renée Kolar The United States Anti-Doping Agency (USADA) initiates the arbitration with a notice setting forth (i) the offense and (ii) the sanction, consistent with the applicable IF rules, the mandatory Articles from the WADC (Annex A of the USADA Protocol) and the USOC National Anti-Doping Policies, which USADA is seeking to have imposed and other possible sanctions, which could be imposed under the applicable IF rules, the mandatory Articl
USADA Case against Lance Armstrong | USADA Adjudication Process Part II | The Review Board Track
By Victoria VanBuren - July 23, 2012
by Renée Kolar After receipt of a B Sample report confirming an Adverse Analytical Finding (or upon the waiver of analysis of the B Sample), or when USADA determines that a potential violation of other applicable anti-doping rules has occurred, the adjudication or “results management” process is triggered. United States Anti-Doping Agency, Protocol for Olympic and Paralympic Movement Testing § 11 (2009) [hereinafter USADA Protocol]. USADA has imp
Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit
By Victoria VanBuren - July 21, 2012
by Renée Kolar On July 20, the United States Anti-Doping Agency (USADA) filed its Motion to Dismiss Lance Armstrong’s Amended Complaint. (Read Motion to Dismiss here) In their motion, Defendants USADA and Travis Tygart, in his official capacity as the Chief Executive Officer of USADA, assert that the suit should be dismissed for lack of subject matter jurisdiction or, in the alternative, it should be dismissed or stayed under Section 3 of t
Is ADR Effective in Healthcare?
By Victoria VanBuren - July 20, 2012
by Holly Hayes For an article titled “Medical Malpractice Reform: The Role of Alternative Dispute Resolution” in the May 2011 Clinical Orthopaedics and Related Research, David H. Sohn JD, MD, B. Sonny Bal MD, JD, MBA “performed MEDLINE, PubMed, and Google Scholar searches with key words ‘medical malpractice’, ‘ADR’, and ‘alternative dispute resolution’ to obtain public policy studies, law revi
USADA Case against Lance Armstrong | USADA Adjudication Process Part I | USADA ‘Results Management’
By Victoria VanBuren - July 19, 2012
by Renée Kolar USADA’s adjudication process relies on an American Arbitration Association (AAA)/Court of Arbitration for Sport (CAS) arbitrated hearing under the modified AAA Commercial Rules. For a complete listing of USADA protocol and policy documents, visit the Resources section of the USADA website. The first step towards the USADA adjudication process occurs when a laboratory reports an Adverse Analytical Finding on an A Sample for a
Armstrong v. Tygart | Texas Federal Court Will Hear Lance Armstrong Case on August 10
By Victoria VanBuren - July 18, 2012
Today, we continue to cover the Lance Armstrong lawsuit against the U.S. Anti-Doping Agency (USADA). Armstrong v. Tygart et al, No. A-12-CA-606-SS. The U.S. District Court for the Western District of Texas, Austin Division, has set a hearing for August 10, 2012 to decide whether the Court should enjoin Defendants from enforcing an arbitration deadline against Armstrong while the lawsuit progresses. Read the Order here. Stay tuned! Related Posts:
Armstrong v. Tygart | Lance Armstrong’s Suit and Restraining Order against USADA
By Victoria VanBuren - July 17, 2012
By Renée Kolar On July 9, 2012 Lance Armstrong filed a lawsuit and a motion for a Temporary Restraining Order (TRO) in the Western District of Texas in an attempt to shut down the USADA case. (read the Complaint and TRO) Order Dismissing the Case However, six hours later, the Court dismissed (without prejudice) Armstrong’s suit in a strongly worded Order. The Court noted, “Contrary to Armstrong’s apparent belief, pleadings filed in the United Sta
USADA Case against Lance Armstrong | What is the USADA?
By Victoria VanBuren - July 16, 2012
by Renée Kolar The United States Anti-Doping Agency (USADA) was created in 2000 by the congressionally-chartered United States Olympic Committee (USOC) in an attempt to address the national and international criticisms that the U.S. was not doing enough to eradicate the perceived use of performance enhancing drugs among U.S. athletes. Travis T. Tygart, Esq., Winners Never Dope and Finally, Dopers Never Win: USADA Takes Over Drug Testing of United
USADA Case against Lance Armstrong | USADA Allegations
By Victoria VanBuren - July 13, 2012
On June 12, 2012, the United States Anti-Doping Agency (USADA) notified cyclist Lance Armstrong and other members of the USPS team of its opening of a formal action alleging violations under the (i) Union Cycliste International (UCI) Anti-Doping Rules, (ii) World Anti-Doping Code, and (iii) USADA Protocol for Olympic and Paralympic Movement Testing. (read the Notification here) USADA Allegations Specifically, USADA alleges that evidence in their
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