Healthnet and Clinger

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Tritonrider

http://www.cyclingnews.com/news/?id=2003/dec03/dec24news What's up with this? I thought that
Healthnet was more or less OK. That's a pretty sleazy way to do business if it's true. Bill C

Fake Name Goes

In article <20031223192934.29591.00000961@mb-m02.aol.com>,
tritonrider@aol.com (TritonRider) wrote:

> http://www.cyclingnews.com/news/?id=2003/dec03/dec24news What's up with this? I thought that
> Healthnet was more or less OK. That's a pretty sleazy way to do business if it's true.

it sounds like he signed the contract and is trying to get out of it...I'd be curious to see if
he can produce the "2nd faxed contract". If he does then he's got a case, if not he's a
healthnet rider.

at this point all we know is what Clinger has said

Chiefhiawatha

In article <20031223192934.29591.00000961@mb-m02.aol.com>,
tritonrider@aol.com (TritonRider) wrote:

> http://www.cyclingnews.com/news/?id=2003/dec03/dec24news What's up with this? I thought that
> Healthnet was more or less OK. That's a pretty sleazy way to do business if it's true. Bill C

Cyclingnews representation is not journalism-style balanced. Notice how they characterize his
position with "Added Clinger defensively" and all the ""doin'".

My position is let the boy ride for a foreign team. Why stand in the way of a real job, no matter
how he handled it.

Tritonrider

>chiefhiawatha@yahoo.comREMOVE (chiefhiawatha)

>My position is let the boy ride for a foreign team. Why stand in the way of a real job, no matter
>how he handled it.

I'm just wondering if BOTH contracts really exist. It wouldn't be out of the realm of possibility
for a team to send out one then go "Wow, look how quick he signed. I bet we could get him for
less. Let's lose this one and send him one that's better for us." That's what I'd like to know
about. Bill C

Tom Kunich

"TritonRider" <tritonrider@aol.com> wrote in message
news:20031223192934.29591.00000961@mb-m02.aol.com...
> http://www.cyclingnews.com/news/?id=2003/dec03/dec24news What's up with this? I thought that
> Healthnet was more or less OK.
That's a
> pretty sleazy way to do business if it's true.

Come on Bill, lawyers screw up contracts on a regular basis. Clinger tried to take advantage of it
and Health Net simply couldn't afford it.

No problems. There's plenty of good riders available for Healthnet right now. They aren't a big
bucks team as Clinger would have you believe. So sure, they aren't going to be able to pay a
good salary.

That's the breaks of the game.

In the end everyone will benefit. It sounds to me like Clinger is a bit hard to get along with and
the Italians will knock the crap out of him if he pulls that stuff with the zebras.

Carl Sundquist

"Fake name goes here" <no@email.com> wrote in message

>
> I'd be curious to see if he can produce the "2nd faxed contract".

I could do that with some contracts I signed with the company that represented Ray-Ban before the
'96 Olympics.

Danschmatz

The replacement is already taken care of.

B. Lafferty

"TritonRider" <tritonrider@aol.com> wrote in message
news:20031223202517.11149.00001435@mb-m11.aol.com...
> >chiefhiawatha@yahoo.comREMOVE (chiefhiawatha)
>
> >My position is let the boy ride for a foreign team. Why stand in the way of a real job, no matter
> >how he handled it.
>
> I'm just wondering if BOTH contracts really exist. It wouldn't be out of
the
> realm of possibility for a team to send out one then go "Wow, look how
quick he
> signed. I bet we could get him for less. Let's lose this one and send him
one
> that's better for us." That's what I'd like to know about. Bill C

Assuming the facts are as Clinger stated them, this could be an exam question on a first year
Contracts law school exam. If Clinger had two proposed contracts in his possession, and only one of
them was the actual offer and he did not sign the "correct" one, Healthnet would have two options.
HN could sign the contract that Clinger signed, thereby binding Clinger to that contract (apparently
they did not choose to do this) or, effectively, make a counter offer to Clinger asking him to sign
the other contract in his possession (which the apparently did). By opting to do the latter, HN
effectively rejected Clingers offer (the signed first contract) and made a counter-offer with the
second unsigned contract in Clinger's possession. Clinger was then under no obligation to HN, unless
he agreed to the counter-offer of the second contract, which he did not.

Clinger, assuming the facts are correct as he stated them, has no obligation to HN at all. He sounds
like a very good business person and may well have had good legal counsel. BRAVO for Dave going to
Mario's team!!

B. Lafferty

"TritonRider" <tritonrider@aol.com> wrote in message
news:20031224081146.14277.00001755@mb-m28.aol.com...
> >From: "B. Lafferty" Magni@Italia.com
> <snipped>
> >He sounds like a very good business person and may well have had good legal counsel. BRAVO for
> >Dave going to Mario's team!!
> >
> >
> I was thinking along the same lines. Seemed to me he was in a good
position.
> If he had a copy of the first signed contract he could've held them to it
if he
> wanted. He didn't sign the second one for less. No agreement. Now he's
signed
> on with Domina-Vacanze. Bill C

I should add that HN might not have been able to bind Clinger to the first contract at any point, if
the second contract was in fact sent second to the first and not with it. If the second contract was
sent after the first, it effectively revokes the offer of the first contract.

Kurgan Gringion

Jtn

you must be the man.....they made a good choice...... clinger is good, in about two years.... HN
doesnt need another GC rider.

besides, contracts and lawyers are a dime a dozen when profit is at stake......

"DanSchmatz" <danschmatz@aol.com> wrote in message news:20031223212932.29517.00000826@mb-
m02.aol.com...
> The replacement is already taken care of.

Warren

In article <aDgGb.25$e24.9@newsread1.news.atl.earthlink.net>, B.
Lafferty <Magni@Italia.com> wrote:

> "TritonRider" <tritonrider@aol.com> wrote in message news:20031224081146.14277.00001755@mb-
> m28.aol.com...
> > >From: "B. Lafferty" Magni@Italia.com
> > <snipped>
> > >He sounds like a very good business person and may well have had good legal counsel. BRAVO for
> > >Dave going to Mario's team!!
> > >
> > >
> > I was thinking along the same lines. Seemed to me he was in a good
> position.
> > If he had a copy of the first signed contract he could've held them to it
> if he
> > wanted. He didn't sign the second one for less. No agreement. Now he's
> signed
> > on with Domina-Vacanze. Bill C
>
> I should add that HN might not have been able to bind Clinger to the first contract at any point,
> if the second contract was in fact sent second to the first and not with it. If the second
> contract was sent after the first, it effectively revokes the offer of the first contract.

...Takes me back to my Business Law classes.

-WG

Jtn

then who?????

"DanSchmatz" <danschmatz@aol.com> wrote in message news:20031224112531.01690.00000550@mb-
m18.aol.com...
> "you must be the man.....they made a good choice...... clinger is good, in about two years.... HN
> doesnt need another GC rider."
>
> I'm not sure what the means but I wasn't talking about myself as a
replacement
> for him.

Greg Hall

"Kurgan Gringioni" <kgringioni.remove.it.for.mail@hotmail.com> wrote in message news:<2VhGb.5361$Vv2.2126199@news1.news.adelphia.net>...
> Legal counsel for the N. American 12k'ers? That and limosines.

Perhaps one of the Labor Power lawyers would be willing to do some pro bono work?

Greg 'Just signed up for a legal plan' Hall

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