Greg LeMond and Trek Bicycles moved one step closer to a trial by jury Wednesday as U.S. District Court Judge Richard Kyle heard oral arguments and deferred ruling on two summary judgement motions. This keeps open the possibility of some courtroom fireworks next March if the two parties are unable to settle out of court.
Judge Kyle recommended both parties attempt to come to an agreement privately to avoid an explosive trial, which would almost certainly raise questions about Lance Armstrong and doping.
“We’re certainly not averse to settling it,” said Jamie DiBoise, LeMond’s attorney. He and Ralph Weber, Trek’s attorney, both are reported to have said they’ll be meeting soon to schedule talks.
Trek maintains that the case is about LeMond’s failure to meet obligations related to their relationship in which Trek made and sold LeMond bicycles, including the failure to maintain good conduct by commenting “If Lance is clean, it is the greatest comeback in the history of sports. If he isn’t, it would be the greatest fraud.” LeMond also raised concerns about Armstrong’s prior relationships with notorious doping Dr. Michele Ferrari.
LeMond and his wife, Kathy, said they were encouraged by the Judge’s hypothetical questions, including “Would Trek still pursue a case if LeMond had simply said ‘No comment’ in reply to questions rather than calling out a specific athlete (ie. Lance)?”
Trek says it and its dealers suffered lost sales and damaged reputation because of LeMond’s comments, while LeMond says Trek intentionally ignored the LeMond brand, leading to extremely soft sales and the eventual split between the two parties.
Weber said LeMond’s comments had a “real-world impact on Trek and the independent dealers, many of whom have mortgaged their life savings for these businesses. … That, from Trek’s perspective, is what this lawsuit is all about.”
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