Thursday, February 14, 2013

'Shimano' letter; ZSS court response

The Shimano Archive has added a purported letter from Eido Shimano to the Zen Studies Society he is suing for $2 million-plus.

The letter reads (in my view) like a lawyer-generated effort to pressure ZSS ... and make sure the suit is settled out of court so that "scurrilous" accusations do not have to be addressed or assessed in the light of day. 

To the best of my knowledge, ZSS has made no formal (in court) response to the Shimano lawsuit, although that suit demanded a response within 20-30 days. The question that hangs in the air is, will ZSS choose FIGHT or FLIGHT by way of response?

Here is the letter allegedly penned by Shimano:

PS. ZSS has filed a response and it should be available shortly.

Here is ZSS' court response. The nitty gritty is about halfway down in "counterclaims."

PS. A friend sent along a blog post about the "Faithless Servant Doctrine" court rulings.

Among the observations is: “One who owes a duty of fidelity to a principal and who is faithless in the performance of his services is generally disentitled to recover his compensation, whether commissions or salary . . . Nor does it make any difference that the services were beneficial to the principal, or that the principal suffered no provable damage as a result of the breach of fidelity by the agent.” 

1 comment:

  1. Off-the-cuff, I would say that it's too bad the ZSS doesn't allege that the DCAs are null per se due to the misconduct. They only seem to argue that the misconduct caused them to lose donations, so they don't have enough to pay, etc.

    But at least there is a glimmer of hope that Shimano might one day have to take the stand about his sexual relationships. Not much, but a glimmer!