After failing to qualify, Vendt sues swimsuit maker
Former Member
sports.espn.go.com/.../story
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.
Former Member
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.
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.
(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.
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.
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.)
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 ...
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).
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
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.
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
