SANTA ANA, California, March 22. IN a decision handed down by Judge James V. Selna in California, Erik Vendt earned a summary judgment as the defendant in a breach of contract case filed by TYR as part of its lawsuits against USA Swimming, Speedo and Mark Schubert.
Judge Selna ruled in favor of Vendt primarily because of two clauses located in his contract. The first relates to Vendt's ability to wear a competing brand:
Non-TYR Product. Notwithstanding anything herein to the contrary, in the event that VENDT competes in any competition suit other than a TYR Product, then VENDT will not be entitled to any base compensation or any bonus for these performances, unless TYR is unable to provide a competition suit of reasonable comparability to the marketplace.
The second clause relates only to TYR's ability to terminate the contract if Vendt wore a competing brand. Just wearing a competing brand is not grounds for a breach of contract according to their agreement, it only gave TYR the right to elect to terminate the contract if it deemed to do so.
Swimming World contacted Vendt's lawyer Rich Foster, who confirmed that Judge Selna's ruling is final. Additionally, Vendt's counter claim against TYR is still pending.