The Final Saga in CrossFit v. NSCA Legal Battle: “THE RACE IS OVER”

June 23, 2019 by
Gregg Wilson, Crossfit Dux
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Well that’s the state of play according to CrossFit, Inc. who filed a motion for terminating sanctions last Thursday. If granted, that would effectively end the years-long legal battle with the National Strength and Conditioning Association (NCSA).  

In the motion, CrossFit is asking the court to award $3.4 million in sanctions, accusing the not-for-profit of lying in federal court, concealing evidence and committing perjury in the ongoing legal saga.

In a nutshell, CrossFit lodged a 57-page document in a Californian court late last week (don’t worry, we’ve read it cover to cover so you don’t have to) claiming the case needs to be closed, once and for all.

“CrossFit is conditioned to keep fighting, but it is tired of running the NSCA’s deceitful marathon; the race is over. The NSCA must be held accountable, and the NSCA’s misconduct requires termination in CrossFit’s favor.”

Russ Greene, CrossFit’s Director of Government Relations and Research told the Morning Chalk Up, “The NSCA’s plan was to lie about CrossFit affiliates … The NSCA knew it could not justify the value of its certifications honestly, so it turned to lies, lobbying and legislation.”

This all sounds VERY familiar.

The two corporations have been at it for years over a false study published in 2013 claiming that CrossFit was dangerous.

Related: “Federal Judge Delivers Another Blow to NSCA”

In this motion, CrossFit is seeking back the cash it spent “litigating the NSCA’s lies” over the years, on the basis it uncovered “misconduct of unprecedented proportions.”

CrossFit’s Russ Greene said: “The NSCA’s credibility is dead, and its days as an institution are likely numbered.”

Throughout the legal battle, the NSCA has admitted it failed to produce SOME documents, but “unintentionally.”

“The NSCA’s credibility is dead, and its days as an institution are likely numbered.”

Russ Greene

CrossFit claims “this was just the tip of the iceberg” and of the 70 documents the NSCA admitted to, it was actually more like 4,000 times that.

The court documents state: “The NSCA failed to produce over 279,000 responsive documents, including thousands directly referencing CrossFit.”

Ultimately, CrossFit argues the NSCA has continued “an extensive, coordinated marketing campaign” that extends far beyond that original 2013 article.

Russ Greene added: “The lies the NSCA spread will end up causing even more damage to the NSCA than they caused to CrossFit affiliates, if the US justice system runs its correct course. They dug a hole for CrossFit, and fell into it themselves.”

So, what’s CrossFit after?

In addition to the $3.4 million, CrossFit wants the Southern District Court of California to automatically rule in their favour and have the chance to bring “undisputed” evidence to the table, ending the saga for good.

The ongoing legal stoush has already been an expensive exercise for the NSCA.

Related: NSCA Drops Defamation Suit Amid “Extraordinary” Legal Costs

After the court found they “fabricated the injury data,” they were forced to pay “7 figures” to hire a forensic team to ensure they obeyed court orders in handing over any relevant documents.

They’ve also had to pay CrossFit more than $410,000 to cover attorney fees and expenses.

The NSCA is reportedly reviewing the latest legal action and weighing up its options. The organisation’s legal team hasn’t responded to the Morning Chalk Up’s request for comment.

“This case has vast, serious implications for the production and use of purported science in American society. Other victims of academic fraud may not be willing or able to fight back the way CrossFit has,” said Greene.

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