“The government waited over a decade to file suit against Lance Armstrong for one reason and one reason only: It got everything it bargained for from Armstrong and his cycling team.”
So began Armstrong’s effort to convince a judge in Washington to dismiss the False Claims Act lawsuit the U.S. Justice Department joined earlier this year.
Armstrong’s attorneys, including Patton Boggs litigation partner Robert Luskin in Washington and Elliot Peters of Keker & Van Nest in San Francisco, filed motions to dismiss on July 23, arguing the government allegations — that Armstrong's drug use violated a U.S. Postal Service sponsorship contract — are time-barred.
The defense lawyers contend the government did nothing to investigate media reports about the use of performance-enhancing drugs in cycling. "The government wanted a winner and all the publicity, exposure, and acclaim that goes along with being his sponsor. It got exactly what it bargained for," Luskin and Peters wrote. "That was more than a decade ago. It is now far too late for the government to revisit its choice to reap the benefits of sponsorship rather than investigate allegations of doping."
