BORIS IS FREE!!!! Nike has dropped its lawsuit against Boris Berian

I just gave to the legal defense fund last night, and I am delighted that I did, though I contributed nothing to this particular outcome.

Congratulations to Boris on getting the terms of a professional athletics contract on public record, and for having the guts to fight this in an Olympic year. Congratulations to his excellent business, legal and athletics teammates as well.

And the NOP investigation.

LRC Note: Here is our article on the development with a quote from Hawi Keflezighi:

http://www.letsrun.com/news/2016/06/david-1-goliath-0-nike-dropped-lawsuit-againt-boris-berian/

I followed the link but didn't see an article.

In Sum This wrote:

Don't give Nike any kudos

Are guys 3 yrs old? Boris and his agent are adults who signed a contract and effed up. Nike realized Boris simply wasn't worth the effort. When he flames out in the semis, he will become another "promising" athlete.

Nike still sponsors a ton of athletes and if you aren't a whiner or on the downside of your career, you won't get reduced.

But the usual idiots will call me a shill

Back in 1973 when I bought my first pair of Nike shoes, they seemed like the little guy just trying to make shoes to help athletes perform better. The tag in their shoes said something about using input from champion athletes to make shoes to exact specifications that would help them perform better.

Seems like they were trying to really help athletes and working with them.

They stopped putting those tags in their shoes, and now the shoes have a number in them and where they were made (Japan, Korea, China, Vietnam)

Now it seems they are more of a big monster company trying to make more money. Maybe the specifications have become too exacting.

I realize they pump a lot of money into running and am grateful for that. But their morals and ethics seem to become more and more questionable each year.

They make some decent shoes and I have a few pairs of Nikes in my rotation,

But I will consciously avoid buying anything Nike in the future. I can't support them anymore.

I am just one person, they don't care, but I will feel better about it. Similar to how I once felt better about buying their products.

Nike shiller wrote:

Nike realized Boris simply wasn't worth the effort.

"Realized" AFTER and not before they got UTTERLY SCHOOLED in court? Riiiiiiiight.

Nike shiller wrote:

Nike still sponsors a ton of athletes and if you aren't a whiner or on the downside of your career, you won't get reduced.

Yeah, like Meb. Who has run multiple PRs and won more marathon majors than ALL OTHER AMERICAN RUNNERS COMBINED since getting dropped by Nike. Nice downside!

Boscow third wrote:

my opinion too wrote:

I wonder that too. Do any lawyers know if they lost if Boris could have been awarded damages?

Not a cent.

Oh, look. Another dummy providing a curt answer acting like he knows anything at all about the subject. Stop it already.

Evidently Nike feel they got their message across....

I'm so glad I'll be sitting in the stands at the Trials and not having to mute the TV every damn time a Nike ad comes on.....

R C S wrote:

Nike shiller wrote:

Nike realized Boris simply wasn't worth the effort.

"Realized" AFTER and not before they got UTTERLY SCHOOLED in court? Riiiiiiiight.

Nike shiller wrote:

Nike still sponsors a ton of athletes and if you aren't a whiner or on the downside of your career, you won't get reduced.

Yeah, like Meb. Who has run multiple PRs and won more marathon majors than ALL OTHER AMERICAN RUNNERS COMBINED since getting dropped by Nike. Nice downside!

Yawn. Getting "schooled" in court means losing ... Nothing more. This isn't Jr. High debate club, son.

Meb was a miss but most people here also missed that. We mistakenly thought US men's marathoning wouldn't flamed out. The fact that Meb is still successful is a testament to Meb but also an indictment on how bad the 26.2 is for USA men's elite runner

Message Delivered.. wrote:

Evidently Nike feel they got their message across....

+1

Their message is that they are corporate bullies that are out to f*ck the athletes so they can make a dime.

I hope this has a big impact on how contracts are written in the future now that athletes KNOW how despicable Nike is.

Hahaf***nike wrote:

Message Delivered.. wrote:

Evidently Nike feel they got their message across....

+1

Their message is that they are corporate bullies that are out to f*ck the athletes so they can make a dime.

I hope this has a big impact on how contracts are written in the future now that athletes KNOW how despicable Nike is.

Big impact indeed. No way Nike corporate looks at this as "a game well played". This was handled very poorly, and the result will play out for Years in difficulty in signing new athletes on favorable terms. Nike might as well have offered a free training course in "How to Avoid A Bad Deal With Nike." There will be fear that this is the turning point.

Nike shiller wrote:

In Sum This wrote:

Don't give Nike any kudos

Are guys 3 yrs old? Boris and his agent are adults who signed a contract and effed up. Nike realized Boris simply wasn't worth the effort. When he flames out in the semis, he will become another "promising" athlete.

Nike still sponsors a ton of athletes and if you aren't a whiner or on the downside of your career, you won't get reduced.

But the usual idiots will call me a shill

Agree. The Goucher are crowing and the usual nike hater elites are talking crap on twitter

Nike is a hugely profitable company. I bet this eas solely a business decision and I think Hawi is full of it when he says there was settlement.

Funny thing if Boris makes the Olys he'll be decked in Nike Gear. So Nike will have the last laugh.

Nike shiller wrote:

In Sum This wrote:

Don't give Nike any kudos

Are guys 3 yrs old? Boris and his agent are adults who signed a contract and effed up. Nike realized Boris simply wasn't worth the effort. When he flames out in the semis, he will become another "promising" athlete.

Nike still sponsors a ton of athletes and if you aren't a whiner or on the downside of your career, you won't get reduced.

But the usual idiots will call me a shill

Reductions are a rational idea for a sponsor to WANT to impose. I just don't care. Nike can afford to pay athletes a real salary. I can't wait to see Boris tear the 800 field apart.

My guess is that-

1. Nike expected an adverse ruling and by dismissing Nike avoids having the judge issue an opinion that would be bad precedent for Nike in future disputes with athletes, especially with athletes in other sports who get paid a lot more than Berian.

2. It's hurting Nike's recruiting of athletes. I bet Donavan Brazier and other athletes are looking much more closely and skeptically at whatever Nike might offer and trying to negotiate changes to Nike's reduction language instead of just accepting whatever Nike says is "standard" contract language.

3. Damage control for the bad PR. Negative PR would be one thing if Nike thought it would win, but to put Berian through the wringer and lose would be terrible PR, especially with the ruling coming right before TV coverage of the Olympic trials.

Take the Skinheads Trolling wrote:

I'm so glad I'll be sitting in the stands at the Trials and not having to mute the TV every damn time a Nike ad comes on.....

Lol. You paid Nike to sit in the stands, and they play Nike ads between races on the big screen. The Trials are one big Nike ad.

I primarily practice bird law, but I still know it is not a coincidence that Nike dropped their suit the day after the hearing on Nike's motion for a preliminary injunction seeking to prevent Boris from competing in a competitor's gear. I would bet good money that the judge at yesterday's hearing indicated to all parties that he would rule in favor of Boris on the motion for preliminary injunction as well as the merits of the case and that is why Nike dropped the suit today.

Unless Nike signs Murphy and Brazier and they bury him.

Spaghettimonster wrote:

I can't wait to see Boris tear the 800 field apart.

R C S wrote:

Boscow third wrote:

Not a cent.

Oh, look. Another dummy providing a curt answer acting like he knows anything at all about the subject. Stop it already.

Under Fed. R. Civ. P. 65(c), a TRO or preliminary injunction may not be issued without security given by the movant in an amount that the court considers proper to pay the costs and damages sustained by a party found to have been wrongfully enjoined or restrained.