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Re: Dimond Is Suing Me. I'm Asking For Your Help. [Slowman] [ In reply to ]
 
Slowman wrote:
Andrew Coggan wrote:
Dan has assumed the role of a journalist, so I think he owes the world as much. If he doesn't think he can be objective, that's cool too, just turn the job over to someone who can be. So far, though, he hasn't even responded with "we're working on a story - sit tight."

we're working on a story - sit tight.

you're absolutely right. there is no way this is not news.

i have a lot of personal affection for jordan. i feel a lot of solidarity with TJ, because i did what he is doing. i don't sense any gravitational pull from one side over the other. just, i don't really want to write until i have something fundamentally true and helpful and illustrative to write. i haven't heard from TJ, or ruster sports, or its attorney. there absolutely are facts that weigh in favor of their side. i don't need to talk to them to report those facts because i think i know what they are. still would like to hear what they have to say before i write anything.

In your article can you please technically investigate if the former or current frames are unsafe or not. If it is only the ultra low probability of a sinking beam during training or competition we need to know. Jordan's post at the start of this thread points to an unsafe bike whereas it may only be a low probability chance of a sinking beam reducing race performance. Important for race performance but is this a safety issue? Have any Dimond riders ever have a sinking beam in training or competition in a million plus cumulative rider miles?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
1. how on earth do you propose they investigate this?
2. no one cares about this sinking beam theory besides you.
3. there seems to be plenty of evidence of defects with manufacturing. see Jordan's points about the Samsung phone.

----
@adamwfurlong
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [sharkbaitguy] [ In reply to ]
 
sharkbaitguy wrote:
Will it be his own words or those written and drafted by his lawyer?

Didn't say, but I'm sure his attorney is involved!
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Slowman] [ In reply to ]
 
Slowman wrote:
Andrew Coggan wrote:
Why didn't you just say so before?


i sat down 3 times to do so. wrote it out. got ready to post it. and didn't. in times like this i just find myself wanting to communicate less rather than more. i am by nature a bucketmouth but at least i know that about myself. i felt there was nothing i couldn't write a few hours later, after taking the dogs on a walk and ruminating about the wisdom i should and would have used had i just thought about things a bit more first. so i thought about things a bit more first.

i know that inconvenienced you and others and i regret that.

I call bs, Nobody in his right mind regrets inconveniencing Coggan. :)
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [logella] [ In reply to ]
 
logella wrote:
Dark Mark wrote:
whoever you are.


Someone that routinely skips through your TRS segment.

Going to have to be more specific

Internet User
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [tripot] [ In reply to ]
 
tripot wrote:
When does the contract was supposed to end ?
End of 2016 ?
If so, we are in april 2017 so I don't see why he shouldn't be allowed to say now whatever he thinks about Dimond bikes.
No ?

Looks like it ends 2019.


--Chris
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [logella] [ In reply to ]
 
logella wrote:
Dark Mark wrote:
whoever you are.


Someone that routinely skips through your TRS segment.

You just made me laugh.

I stopped listening to TRS basically because of that awkward first 10-15 minutes of 'comedy'
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [rhudson] [ In reply to ]
 
Would you specify what size your frame is, and date of manufacture?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
Not taking a side on this either way but I must say that given how Dimond is a low volume product I would hope that every failure is taken serious and detailed root cause and corrective action was performed. When you are shipping only hundreds of a product a year, you don't have a lot of runway if there is a serious quality issue in your so you have to be extremely proactive.
Last edited by: forshy0516: Apr 27, 17 10:06
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [jeremyscarroll] [ In reply to ]
 
It does say compensation of $500 as stipend plus the .5%

Of course you could make the argument that it does not even start yet, since they have the date at start at 20015.

I am not sure that just short of 1 mil of gross sales is really anything to feel that strong about.

IF the series B funding happened (no idea) can you cash that it as settlement?

Not sure how Rapp feels about having his personal phone number and email published in docs on dropbox. I would have redacted those.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [sharkbaitguy] [ In reply to ]
 
Quote:
If this is not about the money, than it is personal between Rappstar and TJ...
If it wasn't personal before this thread, it probably is now.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [kileyay] [ In reply to ]
 
kileyay wrote:
Slowman wrote:
i don't feel comfortable posting it because i'm not a party to the dispute.


I feel comfortable. Here are the filings: https://www.dropbox.com/...ESYAXEgHCcHFT6a?dl=0

Based on cursory review, the case against Blick looks a bit weak (except for this e-mail that he sent trying to sell Ventum's to customers or would-be customers that he knew from his Dimond days) and the case against Rapp looks strong (i.e. clear breach of contract).

With regard to that email re Blick, it's not clear what is meant by customers and potential customers. It's also not clear whether the email was sent out while he was still an employee of Dimond. (I skimmed, but it appears that it was only sent out before he started work for Ventum. There may have been a gap.)

And I recognize that this case likely will be decided under Iowa law, even if removed to federal court, and I'm not familiar with Iowa law on point. If this were in California, a case alleging the misappropriation of a customer list can only proceed if that list or information about entities on the list is somehow proprietary. If the composition of the customer list is something well know to or easily obtainable by anyone in the industry, it may be difficult to argue that it's truly proprietary.

I can't say whether the case against Rapp looks strong from the complaint alone. But that goes for just about any complaint.

With regard to those recommending that Rapp consider a different attorney, I agree. But maybe more because I've never had a high opinion of Howard Jacobs and less because Jacobs greenlighted Rapp's original post. While the standard approach is to advice a client to not discuss publicly (or even privately) the case, there are times when the appropriate strategy is through the media.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [AlanShearer] [ In reply to ]
 
AlanShearer wrote:
I call bs, Nobody in his right mind regrets inconveniencing Coggan. :)

Ya think? Try parking your SUV too close to my car in a parking lot. ;)
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
Terms such as: fail, defective and unsafe will be a field day for lawyer fees.

Using the example of having two vehicles repurchased, my wife experienced the electrical system shutting down resulting in the loss of ability to operate the vehicle on multiple occasions. Each time it was taken to the dealership and "fixed". Now, would you feel safe driving the vehicle even though you were told that it has been fixed? No, even though the vehicle "may" have been fixed/repaired each time...there was always the doubt of what or when will it happen again. When it does, will it be worse?

I think the burden is to prove that the Dimond frame is truly "unsafe". What problems have been experienced and reported? Is this an isolated incident? Were repairs made or new frames issued? What attempts were made to fix the problem? Did the frame put the rider in jeopardy of experiencing a failure, crash, etc.?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ck21trhc] [ In reply to ]
 
ck21trhc wrote:
Sam went back bc of free bikes

Nope - I paid for my Dimond and my girlfriend paid for hers.
I also paid for my Ventum.
I do not ride a bike that doesn't please me.

I was an early Dimond adopter a few years ago. I had some issues (cosmetic in nature but still, you don't want issues with bikes at any pricepoint) and there has always been intention and action from Dimond to sort things out. The fact that I live in Europe and customs in Belgium are a real pain in the butt don't make it that easy to quickly solve some issues though and I will not deny that there has been some frustration at my side at some point.

Anyway, for the 2016 season, I purchased a Ventum because I did like the concept of that bike.

This season, I decided to switch back to the Dimond for a couple of reasons:
- fit: I can't get my saddle forward enough on the Ventum and the bike forces me to sit 3cm more backward then my preferred fit
- hydration and nutrition storage: the Ventum hydration concept is great but eliminates other options - it is probably perfect for a 70.3 distance. Anyway, this is just personal preference and has nothing to do with the quality of either bike but I prefer Dimond especially with their newest design.
- exposure: Ventum only puts its professional athletes in the spotlight which is fine as it is up to them to chose how to market their bikes. I do get more exposure with my Dimond bike (up till now that is...) which is nicer for the handful of other brands that are supporting me and for Dimond since they seem to value the results of amateur athletes more.

Unlike Jordan, I won't say something is good if it is not. It just proves that professional athletes don't bite the hand that feeds them.

Regarding the claims that the Dimond bike is potentially unsafe: I think that is a very over the top claim. I had seatpost issues with major bike brands. I have seen a Trek bike break in 2 pieces without an impact on the first climb of the WC cyclocross. Trispoke wheels have collapsed recently in a team TT race for several riders at the same team and time. A stem broke from a Specialized bike recently in Paris-Roubaix, ... There is a shitload of components failing around the world. However, I think it is pretty impossible to crack a Dimond beam while riding and believe me, Dimond has some pretty fat customers! So the statement that a Dimond bike is unsafe is an emotional one and probably triggered by the lawsuit of which I have no information and therefore no opinion.

In summary:
- I ride a Dimond because I like the bike
- I also have a Ventum and like that bike but it has some drawbacks for me (and a Blue Triad and a couple of Cervelo's)
- Getting a bike for free or getting a discount doesn't make me like a bike more or less
- Hopefully, Jordan and TJ can focus again on their main business rather soon but it won't affect my opinion on Dimond

Sam
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Consultri] [ In reply to ]
 
Consultri wrote:
I agree the case against Jordan looks pretty strong. The contract doesn't give the athlete much recourse in terminating the agreement or arbitrating deficiencies in their obligations. It does clearly state that he would need to petition in Iowa to sever the agreement due to "not providing frames suitable for training and racing" which I'm guessing Jordan did not.

I wonder how Diamondback feels about this? What did Jordan tell them before he signed with them?


The case alleging a breach by Rapp may appear strong, but does that justify $150,000 in damages? If Jordan offered to return the bikes plus the last quarter payment, why not counter for with something reasonable. Does Dimond, a company presumably with revenues of just over $1 million annually, really believe that the benefit of its bargain for the duration of the contract was $150,000? I can't imagine that a "journeyman" triathlete's sponsorship for a few more years would be that valuable.
Last edited by: AlanShearer: Apr 27, 17 10:23
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [sgy] [ In reply to ]
 
sgy wrote:
Dimond has some pretty fat customers!

Oh daaayyyuumm! The Dimond Mafia just doesn't need this right now.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [AlanShearer] [ In reply to ]
 
Before JR's post, or after?

Scott
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [tripot] [ In reply to ]
 
tripot wrote:
When does the contract was supposed to end ?
End of 2016 ?
If so, we are in april 2017 so I don't see why he shouldn't be allowed to say now whatever he thinks about Dimond bikes.
No ?

2019
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [sgy] [ In reply to ]
 
I am not sure if anyone picked up on this one specific line item but it is nice to see TJ/Dimond requesting CleanProtocol for athletes. TJ is one of the staunchest supporters of anti-doping of any pro I have ever met. I hope we can at least agree that this is a nice line item that I never see in contracts.




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Re: Dimond Is Suing Me. I'm Asking For Your Help. [sgy] [ In reply to ]
 
sgy wrote:
ck21trhc wrote:
Sam went back bc of free bikes


Nope - I paid for my Dimond and my girlfriend paid for hers.
I also paid for my Ventum.
I do not ride a bike that doesn't please me.

I was an early Dimond adopter a few years ago. I had some issues (cosmetic in nature but still, you don't want issues with bikes at any pricepoint) and there has always been intention and action from Dimond to sort things out. The fact that I live in Europe and customs in Belgium are a real pain in the butt don't make it that easy to quickly solve some issues though and I will not deny that there has been some frustration at my side at some point.

Anyway, for the 2016 season, I purchased a Ventum because I did like the concept of that bike.

This season, I decided to switch back to the Dimond for a couple of reasons:
- fit: I can't get my saddle forward enough on the Ventum and the bike forces me to sit 3cm more backward then my preferred fit
- hydration and nutrition storage: the Ventum hydration concept is great but eliminates other options - it is probably perfect for a 70.3 distance. Anyway, this is just personal preference and has nothing to do with the quality of either bike but I prefer Dimond especially with their newest design.
- exposure: Ventum only puts its professional athletes in the spotlight which is fine as it is up to them to chose how to market their bikes. I do get more exposure with my Dimond bike (up till now that is...) which is nicer for the handful of other brands that are supporting me and for Dimond since they seem to value the results of amateur athletes more.

Unlike Jordan, I won't say something is good if it is not. It just proves that professional athletes don't bite the hand that feeds them.

Regarding the claims that the Dimond bike is potentially unsafe: I think that is a very over the top claim. I had seatpost issues with major bike brands. I have seen a Trek bike break in 2 pieces without an impact on the first climb of the WC cyclocross. Trispoke wheels have collapsed recently in a team TT race for several riders at the same team and time. A stem broke from a Specialized bike recently in Paris-Roubaix, ... There is a shitload of components failing around the world. However, I think it is pretty impossible to crack a Dimond beam while riding and believe me, Dimond has some pretty fat customers! So the statement that a Dimond bike is unsafe is an emotional one and probably triggered by the lawsuit of which I have no information and therefore no opinion.

In summary:
- I ride a Dimond because I like the bike
- I also have a Ventum and like that bike but it has some drawbacks for me (and a Blue Triad and a couple of Cervelo's)
- Getting a bike for free or getting a discount doesn't make me like a bike more or less
- Hopefully, Jordan and TJ can focus again on their main business rather soon but it won't affect my opinion on Dimond

Sam

Were I in the market for a bike, my thoughts on a Dimond would be far and away more strongly swayed by the above commentary than anything Rapp has to say about the quality of the bikes. Especially given Rapp's history of denigrating brands he doesn't like or that may be competitors of whatever brand he's currently shilling for.

Twitter
Instagram
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Andrew Coggan] [ In reply to ]
 
Andrew Coggan wrote:
AlanShearer wrote:

I call bs, Nobody in his right mind regrets inconveniencing Coggan. :)


Ya think? Try parking your SUV too close to my car in a parking lot. ;)


 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [afurlong] [ In reply to ]
 
afurlong wrote:
1. how on earth do you propose they investigate this?
2. no one cares about this sinking beam theory besides you.
3. there seems to be plenty of evidence of defects with manufacturing. see Jordan's points about the Samsung phone.

Jordan is saying in the public domain that the bike is unsafe. I have seen many Dimonds in action and talked to many owners. No one that has spoken to me said the beam/frame mate intersection has been a safety problem. Rapp is the first that seems to be saying that. I think in slowman's article it would be great if he can come up with any evidence or examples of the area of the bike failing. Just cause Jordan thinks so does not mean it will. I am not sure if he has any hard proof of that himself.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
Dimond Club Members:
The quality and integrity of Dimond bikes has recently been brought into question by a former ambassador facing a lawsuit for breaching a promise in his contract.
I would like everyone to know that Dimond bikes are safe, have been safe, and continue to be safe. No customer who has purchased a production bicycle has advised Dimond of any failure in a bicycle that has resulted in any safety incident. Each Dimond bike has a 6 year warranty and continues to have a 6 year warranty.
Dimond bikes have always been safe for triathlon racing. The current bikes after 3 years of production are the best and safest bikes yet and the result of thousands of hours of work to constantly improve the bikes.
Jordan Rapp has now made first-time-ever claims about the safety of the Dimond Bicycle as a reason why he asked to be released from his contract. I am just now learning of these claims. I had multiple conversations with Jordan through phone and email regarding his desire to be released from his contractual obligations, but never during these conversations did he express any dissatisfaction with the product. Only after facing legal ramifications from a lawsuit claiming Jordan breached his promise did Jordan make these belated claims about safety. He admits that he never mentioned safety problems with the frames to Dimond.
If, before being sued for breach of promise, Jordan had in fact truly believed one of his Dimond bikes was unsafe, but failed to alert the manufacturer of that belief, he would prevent the manufacturer from taking steps to ensure the safety of all other purchasers of Dimond bikes. I do not believe Jordan would show such disregard for his fellow triathletes. I believe the fact is, he did not alert the manufacturer of any safety problem because there never was such a problem.
The Dimond is a safe triathlon racing bicycle. There are other important facts underlying Jordan's conduct, but I do not wish to engage in "trial by public forum". This is a breach of promise dispute I wish to settle privately, or fairly through the court system.
Regards,
TJ Tollakson, CEO Ruster Sports, LLC

------------------------------------------------------------------------------------------------
New Training/Racing Log - http://www.earthdaykid.com/blog --- Old Training/Racing Log - http://colinlaughery.blogspot.com
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
Please note that the only consensus on this thread is concern that the statements you are making here could harm you in the litigation. I can't give you legal advice here, but your lawyer should be able to discuss the risks of these public statements and how they may play out in the action. Please consider revisiting that discussion with him.
 

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