Q about Caique leaving Torrance

Zhoozhitsu · 04-27-2001, 01:39 PM

Now that Caique has left and taken a few TA's with him, is he being sued his pants off by Rorion? Does anyone know?

Dio · 04-27-2001, 01:58 PM

He won't sue. this time. I think Rorion is aware that if files one more lawsuit then even the most loyal Gracie Jiujiutsu (R) people will finally realize he is a snake.

Aloha From Hell · 04-27-2001, 02:00 PM

Quote:

Originally posted by Zhoozhitsu
Now that Caique has left and taken a few TA's with him, is he being sued his pants off by Rorion? Does anyone know?

Well, there was an anonymous friend of Caique's on the underground that claimed Rorian had tried to bully Caique into staying with the threat of legal action. Who knows, it wouldn't surprise me in the least. Rorian is a desperate man and desperate men... call their lawyers.

Tony10 · 04-27-2001, 04:47 PM

Oh, boy. Here we go...

Hawk · 04-27-2001, 04:56 PM

What would the suit be over?
Hawk

Zhoozhitsu · 04-27-2001, 05:23 PM

Are you kidding Hawk? It's not like Rorion never sued anyone for no reason.

Actually, in this case, Rorion would have a legitimate case. Normally, when an account manager or sales rep leaves a company, he/she is now allowed to contact his/her customers for a certain period of time (i.e. 1 year). I believe the customers can choose to solicit his business, but not the other way around. Caique may not have asked the TAs to go w/ him, but Rorion would still have a decent shot at recovering for some of the lost business.

Karlinhos · 04-27-2001, 08:17 PM

solicit...?????

i don't think caique will need to solicit anyone. he has a loyal following and i'm sure they'll go without him having to ask.

ta's - are some of the ta's who left, hooked up with relson, right? i don't have any experience with how the ta system works (contracts, etc.), but i would imagine that the head of the ta(s) in question would be in trouble for any breach of contract, not caique.

further more, i also don't see how rorion could sue caique unless there was a breach of contract on caique's part.

KyGJJ · 04-27-2001, 10:09 PM

Zhoozhitsu - Thats only if someone signs a no compete clause. Some employers require it others do not. If Caique didn't sign one, Rorion has no legal grounds whatsoever in my opinion.

Aloha From Hell · 04-28-2001, 03:41 AM

Quote:

Originally posted by Hawk
What would the suit be over?
Hawk

Duh, are you phucking STUPID?????

Breach of contract.

Hawk · 04-30-2001, 10:47 AM

Aloha,

1. There has to be a contract to have a breach of contract.

2. If no contract, no breach.

If Caique signed a contract with a no compete clause, then there will be a suit, if not there won't be. As far as I know, there was no contract between them.

Hawk

Karlinhos · 04-30-2001, 12:35 PM

hmmmm... i heard from a reliable source that A LOT of purples went with caique and he promoted two of them to brown... mauricio zingano and bo hershberger.

Aloha From Hell · 04-30-2001, 03:18 PM

Quote:

Originally posted by Hawk
If Caique signed a contract with a no compete clause, then there will be a suit, if not there won't be. As far as I know, there was no contract between them.

It's not quite as simple as that.

1) A contract does not necessarily have to be in written form. If there was a meeting of the minds, this is key.

2) There are many other ways to breach a contract other than non-compete. I'm guessing Rorian works on a 1099 basis with his instructors, this leaves plenty of room for litigation.

Hawk · 04-30-2001, 03:59 PM

Aloha,
Oral contracts are very hard to prove up in court. As you say, there has to be a meeting of the minds, but on this occassion if that was going to happen it would probably been in writing which I don't know if it was, one way or other. Time will tell.
Hawk

Zhoozhitsu · 04-30-2001, 04:16 PM

Tell you what Hawkman. The Rorion I know would pull out all stops to ensure viability of his business. So I have a hard time believing he didn't have Caique or any other Torrance instructor sign a no compete clause. Especially after a number of TAs and instructors left the association. Maybe Rorion never thought any non-Gracie Torrance instructor would gain such popularity.

Obviously non-compete clause is not an issue or else all of these TAs wouldn't leave w/ Caique. But I wouldn't be the least bit surprised if Caique was involved in litigation of some sort w/ Rorion right now.

Aloha From Hell · 04-30-2001, 05:20 PM

I agree with Zhoo.

I'll bet a penny to a pound Rorian is seeking a legal remedy.

04-27-2001, 01:39 PM	#1 (permalink)
Zhoozhitsu Master Join Date: Sep 2000 Posts: 2,154	Now that Caique has left and taken a few TA's with him, is he being sued his pants off by Rorion? Does anyone know? __________________ - Brian ------- "You may not be interested in war, but war is interested in you," Trotsky

04-27-2001, 04:47 PM	#4 (permalink)
Tony10 Advanced Join Date: Sep 2000 Location: Chicago, IL Posts: 527	Oh, boy. Here we go... __________________ Are you not entertained?!

04-27-2001, 04:56 PM	#5 (permalink)
Hawk Master Join Date: Jul 2000 Posts: 2,081	What would the suit be over? Hawk __________________ You cannot run away from a weakness; Sometimes you must fight it out or perish; And if that be so; Why not now and where you stand.

04-27-2001, 05:23 PM	#6 (permalink)
Zhoozhitsu Master Join Date: Sep 2000 Posts: 2,154	Are you kidding Hawk? It's not like Rorion never sued anyone for no reason. Actually, in this case, Rorion would have a legitimate case. Normally, when an account manager or sales rep leaves a company, he/she is now allowed to contact his/her customers for a certain period of time (i.e. 1 year). I believe the customers can choose to solicit his business, but not the other way around. Caique may not have asked the TAs to go w/ him, but Rorion would still have a decent shot at recovering for some of the lost business. __________________ - Brian ------- "You may not be interested in war, but war is interested in you," Trotsky

04-27-2001, 08:17 PM	#7 (permalink)
Karlinhos Advanced Join Date: Sep 2000 Location: Los Angeles, CA Posts: 650	solicit...????? i don't think caique will need to solicit anyone. he has a loyal following and i'm sure they'll go without him having to ask. ta's - are some of the ta's who left, hooked up with relson, right? i don't have any experience with how the ta system works (contracts, etc.), but i would imagine that the head of the ta(s) in question would be in trouble for any breach of contract, not caique. further more, i also don't see how rorion could sue caique unless there was a breach of contract on caique's part. __________________ www.grappletv.com - Accept the ORIGINATORS, not the DUPLICATORS...!!!

04-27-2001, 01:58 PM	#2 (permalink)
Dio Novice Join Date: Apr 2001 Posts: 54	He won't sue. this time. I think Rorion is aware that if files one more lawsuit then even the most loyal Gracie Jiujiutsu (R) people will finally realize he is a snake.

04-27-2001, 10:09 PM	#8 (permalink)
KyGJJ Novice Join Date: Sep 2000 Location: Kentucky Posts: 21	Zhoozhitsu - Thats only if someone signs a no compete clause. Some employers require it others do not. If Caique didn't sign one, Rorion has no legal grounds whatsoever in my opinion.

04-30-2001, 10:47 AM	#10 (permalink)
Hawk Master Join Date: Jul 2000 Posts: 2,081	Aloha, 1. There has to be a contract to have a breach of contract. 2. If no contract, no breach. If Caique signed a contract with a no compete clause, then there will be a suit, if not there won't be. As far as I know, there was no contract between them. Hawk __________________ You cannot run away from a weakness; Sometimes you must fight it out or perish; And if that be so; Why not now and where you stand.

04-30-2001, 12:35 PM	#11 (permalink)
Karlinhos Advanced Join Date: Sep 2000 Location: Los Angeles, CA Posts: 650	hmmmm... i heard from a reliable source that A LOT of purples went with caique and he promoted two of them to brown... mauricio zingano and bo hershberger. __________________ www.grappletv.com - Accept the ORIGINATORS, not the DUPLICATORS...!!!

04-30-2001, 03:59 PM	#13 (permalink)
Hawk Master Join Date: Jul 2000 Posts: 2,081	Aloha, Oral contracts are very hard to prove up in court. As you say, there has to be a meeting of the minds, but on this occassion if that was going to happen it would probably been in writing which I don't know if it was, one way or other. Time will tell. Hawk __________________ You cannot run away from a weakness; Sometimes you must fight it out or perish; And if that be so; Why not now and where you stand.

04-30-2001, 04:16 PM	#14 (permalink)
Zhoozhitsu Master Join Date: Sep 2000 Posts: 2,154	Tell you what Hawkman. The Rorion I know would pull out all stops to ensure viability of his business. So I have a hard time believing he didn't have Caique or any other Torrance instructor sign a no compete clause. Especially after a number of TAs and instructors left the association. Maybe Rorion never thought any non-Gracie Torrance instructor would gain such popularity. Obviously non-compete clause is not an issue or else all of these TAs wouldn't leave w/ Caique. But I wouldn't be the least bit surprised if Caique was involved in litigation of some sort w/ Rorion right now. __________________ - Brian ------- "You may not be interested in war, but war is interested in you," Trotsky

04-30-2001, 05:20 PM	#15 (permalink)
Aloha From Hell Guest Join Date: Jan 2001 Posts: 226	I agree with Zhoo. I'll bet a penny to a pound Rorian is seeking a legal remedy.

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