Q about Caique leaving Torrance

[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?

[Dio]

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]

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]

Oh, boy. Here we go...

[Hawk]

What would the suit be over?
Hawk

[Zhoozhitsu]

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]

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]

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]

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

Duh, are you phucking STUPID?????


Breach of contract.

[Hawk]

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]

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]

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]

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]

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]

I agree with Zhoo.

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