Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Lance Armstrong Now Facing Class Action Lawsuit Over Autobiography

Author: Scarinci Hollenbeck, LLC

Date: January 28, 2013

Key Contacts

Back

Will this class action lawsuit give rise to an actionable claim?

Lance Armstrong is not only facing a backlash from sponsors, teammates and federal authorities, but also disgruntled fans who purchased his autobiographies.

Following his admission to Oprah Winfrey about doping during his prestigious cycling career, the disgraced cyclist now faces a class-action lawsuit brought on by two irate readers, both of whom purchased Armstrong’s autobiographies, “It’s Not About the Bike” and “Every Second Counts.” The pair argued they were “duped,” “betrayed” and “cheated” by the seven-time Tour de France winner. Plaintiffs Rob Stutzman, who served as a deputy chief of staff for former California Governor Arnold Schwarzenegger, and Jonathan Wheeler, a chef and amateur cyclist, said they were duped into purchasing the books, which describe how Armstrong overcame cancer to continue his victories and how to compete drug-free following his illness, according to BBC News.

The plaintiffs said the books were fraudulent and falsely marketed the books as fact, rather than works of fiction. Both Armstrong, and his publishers Penguin Books and Random House, are named in the lawsuit. Penguin said the lawsuit should be thrown out.

Stutzman, in particular, recounted in the court filing how the book gave him inspiration, and he had the opportunity to voice these feelings to Armstrong personally, who did not refute the veracity of the works. In a brief meeting with Armstrong, when the cyclist met with then-Governor Arnold Schwarzenegger, Stutzman wrote he “thanked Defendant Armstrong for writing his book and told him it was very inspiring. In response, Armstrong thanked Stutzman,” the BBC reports.

Both plaintiffs are demanding statutorily permissible damages, attorneys’ fees, expenses and costs.

As reprehensible as the actions of Armstrong may be, I do not believe this would give rise to an actionable claim by fans or members of the public at large.  Certainly, those with privities of contract would have cause to institute litigation, including the publishers who have been named in the suit.  Yet the media attention and fallout from the lawsuit may have broader implications regarding entertainment law, particularly when celebrity authors recount events and other elements of their lives that are later found to be false.

If you need a sports or entertainment attorney, please contact one of Scarinci Hollenbeck’s Sports and Entertainment Law attorneys.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!