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
Don’t Overlook the Importance of Business License Management post image

Don’t Overlook the Importance of Business License Management

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]

Author: Dan Brecher

Link to post with title - "Don’t Overlook the Importance of Business License Management"
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"

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.

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