After failing to qualify, Vendt sues swimsuit maker

RE: After failing to qualify, Vendt sues swimsuit maker

knelson — Tue, 15 Jul 2008 12:15:11 GMT

I suppose that since he's not going to the Games No, he's on the team. He made it in the 200 free by finishing sixth.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 10:18:26 GMT

I like the idea of a countersuit reason Swim suits, TYR or LZR. It is my comedic release. Well, with that attitude you'd get an F in Civil Procedure. :p

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 07:33:30 GMT

yeah I think the title of this thread is misleading. It suggests that Vendt might be bitter. He did not qualify individually, but in fairness his shot at a gold medal is great. Yep. The ESPN writer actually phrased it that way. It made it sound as if he was suing because he didn't qualify. Wonder what the reaction would have been if he did qualify? Interesting to note that he wears a TYR cap and goggles. www.erikvendtonline.com/

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 06:40:22 GMT

It was not a smart move to bring the lawsuit against Erik. TYR might have hoped to ride out the swimsuit storm. But they're going to have great difficulty attracting new athletes well into the future even if their product becomes more competitive. Agents are going to avoid them. Keith, Great idea. Also, when I was in high school we were handed 2 suits. One was for traingin and i'm sure they were whatever was cheap. the other one was in our school colors. Could this type of a claim be brought up in any other sport besides maybe track?

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 06:24:05 GMT

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 05:30:07 GMT

No, he's on the team. He made it in the 200 free by finishing sixth. yeah I think the title of this thread is misleading. It suggests that Vendt might be bitter. He did not qualify individually, but in fairness his shot at a gold medal is great.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Tue, 15 Jul 2008 05:15:15 GMT

I agree the legal action against Vendt is risky for TYR. Surely every one of their athletes has gone back and revisited their contract with TYR to be sure they don't get in trouble. TYR surely considered this and decided it was worth it. Vendt must have really pissed them off.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 15:53:17 GMT

Countersue TYR that would mean it is a CounterSuit Which is the proper word??? Countersue or CounterSuit Maybe Fort could answer this?

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 14:28:25 GMT

RE: After failing to qualify, Vendt sues swimsuit maker

knelson — Mon, 14 Jul 2008 11:37:16 GMT

His times must have been blindingly disappointing to him. He set new personal bests in both the 200 free and 400 free. His only poor swim was the 1500 finals.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 11:27:10 GMT

I like the idea of a countersuit reason Swim suits, TYR or LZR. It is my comedic release. Actually, it's neither. As my law school professors constantly reminded me, in Federal court the correct terms are "claim" and "counterclaim." / pedantry

RE: After failing to qualify, Vendt sues swimsuit maker

ViveBene — Mon, 14 Jul 2008 11:14:50 GMT

I think he has to countersue. That's the way the game is played, and that is (most likely) what TYR was expecting. Vendt's timing in bringing it to public consciousness is something I don't understand. Yes, he has to defend himself. It may be psychological: if he figures he has lost in the swimming arena in important ways, perhaps he can recoup in another arena. His times must have been blindingly disappointing to him. So he decided to respond now rather than wait til after the Olympics. :blah: VB

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 11:10:28 GMT

Actually, he had agreed with TYR (or, more accurately, his lawyers had agreed with TYR's lawyers) that he could postpone responding at all to the suit until early September, after the Olympics. Not clear why his team chose despite that agreement to go ahead and do it now, but maybe it does have something to do in their minds with the trials or the Games. I suppose that since he's not going to the Games, in his mind (or, more likely, his lawyers' minds) at least, there may not be any reason to wait.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 10:17:23 GMT

Countersue TYR that would mean it is a CounterSuit Which is the proper word??? Countersue or CounterSuit Maybe Fort could answer this? Actually, it's neither. As my law school professors constantly reminded me, in Federal court the correct terms are "claim" and "counterclaim." / pedantry

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 10:11:36 GMT

Nothing like another frivolous lawsuit. Why not just sue his coach also for poor preparation, and sue people who designed the pool. Maybe he had a bad breakfest at the pancake house and he can sue them also for having indigestion while he swam. For all practical purposes, Vendt has no choice but to raise this now. TYR initiated the suit, not Vendt (TYR sued him for alleged anti-trust violations -- which strikes me as a potentially more frivolous than his claim of slander). Under the rules in Federal court, counterclaims are generally "compulsory;" if Vendt doesn't raise his claims now, in response to TYR's suit, he waives them. Besides it's usually bad litigation strategy to assume a purely defensive posture. Vendt would be seriousy handicapped in defending himself if he didn't raise these claims now (and his time to do so under court rules may be running out, so he may not be able to wait until after the Olympics).

RE: After failing to qualify, Vendt sues swimsuit maker

The Fortress — Mon, 14 Jul 2008 09:26:44 GMT

Correcto. The only thing this suit has to do with trials is that it is being done after them. I could have sworn I read that Vendt alleged in his counterclaim that the lawsuit effected his preparation and training for the trials. Not that he could ever prove damages ...

RE: After failing to qualify, Vendt sues swimsuit maker

Allen Stark — Mon, 14 Jul 2008 07:48:52 GMT

As a separate issue - I think Schubert's conduct throughout this has been despicable. He is a paid Speedo spokesman. He can't prove Speedo is faster so he cannot as a USA-S leader almost force their swimmers to race in Speedo. I don't know if I'd go so far as to say despicable.I think it was a mistake,and a conflict of interest,but now a days most coaches have some corporate tie ins(think college basketball coaches and shoes.)He probably thought it was true when he said it(and it was inappropiate for him to say it.)

RE: After failing to qualify, Vendt sues swimsuit maker

Muppet — Mon, 14 Jul 2008 07:30:55 GMT

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.

RE: After failing to qualify, Vendt sues swimsuit maker

ourswimmer — Mon, 14 Jul 2008 06:41:47 GMT

(and his time to do so under court rules may be running out, so he may not be able to wait until after the Olympics). Actually, he had agreed with TYR (or, more accurately, his lawyers had agreed with TYR's lawyers) that he could postpone responding at all to the suit until early September, after the Olympics. Not clear why his team chose despite that agreement to go ahead and do it now, but maybe it does have something to do in their minds with the trials or the Games.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 06:30:44 GMT

I assume all USA swimmers will wear the special LZR - I think the TEAM can require the athletes to wear the official equipment. From years past, the team members have been allowed to wear the suits they feel most comfortable in. During the 2004 games, a number of them wore Nike. In 2000, some wore Adidas suits. I think USA swimming will encourage them to wear the ugly lzr suit but won't force them too.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 05:34:58 GMT

Should a coach tell a swimmer what suit to wear especially when he is a paid representative of a company. I posted this before. Should said coach be allowed to coach the Olympic team. I think he has lost his right to coach the team. Or maybe the USA Olympic Association is getting the payoff. I think a coach can suggest what suit to wear. I think a coach should be allowed to earn a living by just about any legal means. Policies and a code of conduct should be able to manage potential conflicts of interest. But it seems Schubert isn't bound by any such rules or he wouldn't behave the way he has. I assume all USA swimmers will wear the special LZR - I think the TEAM can require the athletes to wear the official equipment.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 05:25:40 GMT

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Mon, 14 Jul 2008 05:20:08 GMT

I think this is an interesting game. If Vendt's contract allowed him to race in a non-Tyr suit that is some impressive negotiation on his part. If the contract didn't spell out consequences - then Tyr had some bad lawyers or they REALLY needed Vendt's services. If I were Tyr - as soon as Vendt raced in Speedo I would have fired him unless the contract didn't allow it. As a separate issue - I think Schubert's conduct throughout this has been despicable. He is a paid Speedo spokesman. He can't prove Speedo is faster so he cannot as a USA-S leader almost force their swimmers to race in Speedo.

RE: After failing to qualify, Vendt sues swimsuit maker

FlyQueen — Sat, 12 Jul 2008 11:03:18 GMT

It's interesting they would have wording like this in the contract. Seems like a serious loophole. Now I guess it's up to TYR and Vendt to prove their side. In my opinion Vendt might have a tough road consdering swimmers were successful at Trials using the TYR Tracer Rise suit. Grevers and Shanteau, for example, both wore TYR suits at Trials and made the team. I believe the suit is for libel and slander ... and that TYR dragging him through the mud is why he has not gotten more sponsors. I was surprised to hear he didn't sign with Speedo, but perhaps since Speedo has a rather full house and figured Vendt would be wearing their stuff regardless they figured why bother ... who knows.

RE: After failing to qualify, Vendt sues swimsuit maker

Former Member — Sat, 12 Jul 2008 06:57:29 GMT

Pah! So "BIG SPORT" swimming comes down to which kex you wear. Ha, bl--dy ha. Are the olympics actually worth watching? Will we see anything except who has the best kit? I suppose if the pharmacists rule the Tour de France Maybe its only fair that the tailors rule the Olympic Swimming. Bad day at Black Rock?