Lemond, Heiden, Cruz to appear at LA Track WC



From Howard Kveck:

>I always wonder how far he would have gone as a
>cyclist if he'd *really* focused on it.


Orthopedic sur-- oh, focused on *cycling*.

Geeze, who knows? --TP
 
"Phil <phil@ .net >" <"no spam> wrote in message
news:[email protected]...
>> It's funny how you attack my use of the word procession when in fact it's

> simply your way of trying to distract readers from the fact that you
> didn't
> know arbitration process is secret and that no evidence is disclosed to
> anyone.


Unless the parties agree to disclosure or the award so provides:


R43
Confidentiality

Proceedings under these Procedural Rules are confidential. The
parties, the arbitrators and the CAS undertake not to disclose to any third
party any facts or other information relating to the dispute or the
proceedings. Awards shall not be made public unless the award itself so
provides or all parties agree.



R59
Award

The award shall be rendered by a majority decision, or in the absence
of a majority, by the President alone. It shall be written, dated and
signed. The award shall state brief reasons. The signature of the President
shall suffice......

.........The award, a summary and/or a press release setting forth the
results of the proceedings shall be made public by the CAS, unless both
parties agree that they should remain confidential.



And as you well know, the award is usually quite detailed in it's
factual summary of the testimony/submissions of the experts. Thus the
evidence is, as a practical matter, nearly always disclosed.




> You're quite some legal scholar.
>
> Phil
>
>
 
"Phil <phil@ .net >" <"no spam> wrote in message
news:[email protected]...
> You know what **** is, right? Sometimes it's used as a person's name, and
> other times it's used
> to describe people like you.


Sandy, I'd take that as a compliment.
 
"B. Lafferty" wrote:

> "Phil <phil@ .net >" <"no spam> wrote in message
> news:[email protected]...
> >> It's funny how you attack my use of the word procession when in fact it's

> > simply your way of trying to distract readers from the fact that you
> > didn't
> > know arbitration process is secret and that no evidence is disclosed to
> > anyone.

>
> Unless the parties agree to disclosure or the award so provides:
>
> R43
> Confidentiality
>
> Proceedings under these Procedural Rules are confidential. The
> parties, the arbitrators and the CAS undertake not to disclose to any third
> party any facts or other information relating to the dispute or the
> proceedings. Awards shall not be made public unless the award itself so
> provides or all parties agree.
>
> R59
> Award
>
> The award shall be rendered by a majority decision, or in the absence
> of a majority, by the President alone. It shall be written, dated and
> signed. The award shall state brief reasons. The signature of the President
> shall suffice......
>
> .........The award, a summary and/or a press release setting forth the
> results of the proceedings shall be made public by the CAS, unless both
> parties agree that they should remain confidential.
>
> And as you well know, the award is usually quite detailed in it's
> factual summary of the testimony/submissions of the experts. Thus the
> evidence is, as a practical matter, nearly always disclosed.
>


I said that. But you made it sound as if any reporter could go and peruse the
"evidence and exhibits." We cannot. The parties have to agree to give it to
us. And they never do.

I would be shocked if either party allowed any member of the public to see any
evidence after Tyler's trial. I cannot think of a single CAS case where the
actual evidence has been disclosed to the public.

The Rule you are citing is one I am well aware of. Which is why I stated I was
suprised you thought the proceedings were public domain where I would be able
to examine all the "evidence and exhibitis" and I quote, "to pick over to your
hearts [sic] content." Here is your complete quote I have pasted below, which
you wrote:


No one has to convince you of anything. But the arguments will be
made at
the CAS hearing by experts who will guide the arbitrators. They will
have a
record of the testimony and exhibits for you and all the other
ex-parte
experts to pick over to your hearts content after the hearing and
decision.

[quote from Brian Lafferty, who now is trying to deny he didn't know
the proceedings were secret]

Your quote states that it is up to me to "pick over the evidence." It is not,
and like I said, I am surprised that you didn't know the proceedings are secret
and that there will be no such evidence for anyone to pick over, let alone to
"my heart's content."

It's not up to me, but your original post indicates it was simply a given that
I will be allowed to do so.


Phil
 
"B. Lafferty" <[email protected]> a écrit dans le message de :
news:%[email protected]...
>
> "Phil <phil@ .net >" <"no spam> wrote in message
> news:[email protected]...
>> You know what **** is, right? Sometimes it's used as a person's name,
>> and other times it's used
>> to describe people like you.

>
> Sandy, I'd take that as a compliment.

He' still writing to me ?
Blockade engaged.
--
Bonne route,

Sandy
Verneuil-sur-Seine FR
 
"Phil <phil@" <"no spam>.net"> wrote:
> I will ask Tyler about that surgical intervention. It's a good
> question. Although I no longer think he meant that as you imply. It
> seems more likely to me that in the wonderment of testing positive, he
> 'sepculated about some past surgical intevention and grabbed at
> straws. After he found out that the lifespan of rred blood cells is
> about 120 days, he concluded that whatever surgical procedure he had
> could not be the cause of it.


> I think you are attaching too much meaning to that. Tyler is not a
> medical expert and never claimed to be. So his way of refuting it was
> simply by making an uninformaed statement that would likely not be
> relevant, and probably nothing more significant than that.


> You people are way too accusatory in your interpretations. Let's ee
> what happens in the CAS hearing, shall we. All this speculation is
> quite meaningless.


Magilla, I take it back that you're not an entertaining idiot.
This is pretty funny.

Bob Schwartz
[email protected]

PS I'm glad he's not paying you. You're still not worth it.
 
Frank Drackman wrote:
>> Wow, where do you get your information that Sandy is female name in the US?


Stewart Fleming wrote:
> "Saandy, can't you see, I'm in misery. We made a start, now we're
> apart, oh Sandy" --John Travolta, _Grease_ c1978


I think that Sandy was supposed to be Australian.
 
Donald Munro wrote:
> Frank Drackman wrote:
>
>>>Wow, where do you get your information that Sandy is female name in the US?

>
>
> Stewart Fleming wrote:
>
>>"Saandy, can't you see, I'm in misery. We made a start, now we're
>>apart, oh Sandy" --John Travolta, _Grease_ c1978

>
>
> I think that Sandy was supposed to be Australian.
>


Hence the misery, as any Kiwi who ever hooked up with an Aussie knows
all too well.
 
dumbass,
your misery is all due to that asshachet, that and your kiwi angst.
 
"Stewart Fleming" <[email protected]> a écrit dans le message
de :
news:[email protected]...
>
>
> Donald Munro wrote:
>> Frank Drackman wrote:
>>
>>>>Wow, where do you get your information that Sandy is female name in the
>>>>US?

>>
>>
>> Stewart Fleming wrote:
>>>"Saandy, can't you see, I'm in misery. We made a start, now we're apart,
>>>oh Sandy" --John Travolta, _Grease_ c1978

>>
>>
>> I think that Sandy was supposed to be Australian.
>>

>
> Hence the misery, as any Kiwi who ever hooked up with an Aussie knows all
> too well.


Kiwis are very popular eating, here in France. What did I not get ?
That misery loves company ? Full for the holiday season ...
--
Bonne route,

Sandy
Verneuil-sur-Seine FR
 

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