Even though a potential class action lawsuit is the least of Lance Armstrong's problems, considering the other criminal and civil difficulties facing him, retired Superior Court Judge Eugene Hyman doesn't think it's going to happen. He believes a judge will decide this is something a class should not be allowed damages over book fabrications and so, it wouldn't be viable economically for a lawyer to take this case.
Hyman says that identifying the class is going to be a problem, as it will be difficult to identify people who have bought books. There are no records to identify who the consumers of the book are, just to which book stores the books were sent.
It will also be hard to assess the damages, says Hyman, because it would need to be determined if it was the cost of the book or if they apportion part of the book that was truthful against the part that was untruthful. In terms of a settlement, no cash would be seen by the class, but instead coupons or vouchers for a book.
Hyman believes this potential class action suit is fraught with problems. Further, he imagines it will also be hard for sponsors to get any damages in terms of proving a loss of market share attributable specifically to Armstrong.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.