After failing to qualify, Vendt sues swimsuit maker
Former Member
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Less than a week after failing to qualify for an individual event at the U.S. swimming trials, Olympian Erik Vendt filed a countersuit Thursday against a California company that claims he broke his contract by choosing to wear a rival swimsuit.
Vendt made his own breach-of-contract claims against TYR Sport in the federal lawsuit filed in California. He also sued the company for slander, alleging that comments made by its attorney, Larry Hilton, have cost the swimmer other endorsement deals.
TYR went to federal court in May with an antitrust case that claims USA Swimming has been working with Speedo to ensure all Americans wear that company's LZR Racer suit at the Beijing Olympics, even if they have deals with other companies such as TYR.
Also named in the suit were U.S. head coach and general manager Mark Schubert, who has openly touted the benefits of the Speedo suit while also working as a paid spokesman for the company, and Vendt, who had an endorsement deal with TYR but switched to the LZR Racer this year.
Remember, TYR didn't just make snarky remarks about Vendt -- this a counterclaim. They sued him first, by joining him in their anti-trust suit against Speedo. Vendt seems to have three claims against TYR: 1) libel and slander, 2) breach of contract (for failing to honor to the clause allowing him to use a competitor's suit) and, possibly, 3) malicious prosecution/abuse of process (for joining him in TYR's antitrust suit against Speedo). None of these claims has anything to do with his performance at trials.
Correcto. The only thing this suit has to do with trials is that it is being done after them.
Remember, TYR didn't just make snarky remarks about Vendt -- this a counterclaim. They sued him first, by joining him in their anti-trust suit against Speedo. Vendt seems to have three claims against TYR: 1) libel and slander, 2) breach of contract (for failing to honor to the clause allowing him to use a competitor's suit) and, possibly, 3) malicious prosecution/abuse of process (for joining him in TYR's antitrust suit against Speedo). None of these claims has anything to do with his performance at trials.
Correcto. The only thing this suit has to do with trials is that it is being done after them.
