A week of incredible justice! A Judge FINALLY after decades of similar cases did the right thing....
For the first time that we are aware of, a Justice overturned favorable to Tremco lower court rulings, in cases where they go after former employees for leaving them and opening their own businesses. From our research, it appears that Tremco always win.
For those of us comparing notes, we also have another and exact same extremely odd occurrence with court rulings....
One week before the lower court rulings, after months and years of hang on/hang up calls that somehow can't be traced, we will get a death threat left on the answering machine, or folks openly and knowingly following and harrassing us.
One week like clockwork before the lower court rulings happen.
And that can't happen unless they know when the rulings are coming out...and how.
Is that how the courts work?
Seems so....and alllll over the place.....somebody ought to be looking into why...and how....
So today, July 16, 2008, a miracle happened.
A Justice in the Indiana Appeals Court did the right thing.
AMAZING!!!!!
He overturned several of the lower court's ruling for Tremco in their complaint against Brennan Baker.
It is our understanding that Brennan Baker left Tremco when Diana Vice started exposing the scam in the Indiana School Corporation through her Taxpayer Advocate Group. He didn't need or want to be involved in what has been termed "illegal" acts.
The Appeals Court saw it Brennan Baker's way - that he could not be sued for noncompete - for a couple of reasons. The main reason was that he was competing with WTI, not Tremco, and they have to be held as separate entities.
More importantly, Tremco had in their noncompete agreement with Brennan that
" 'the Agreement provides that it “shall be governed by the internal laws of the State of Ohio.'" However, the Indiana Appeals Court noted that "Ohio courts have established that “restrictive covenants not to compete are disfavored by law.' "
see here:
http://schoolroofingscam.blogspot.com/2008/02/where-there-is-whole-lot-of-smoke-there.html
THAT is something that should be known.....
See it here:
http://www.in.gov/judiciary/opinions/pdf/07160803cjb.pdf
It seems that Tremco got sued last fall by Eastern New Mexico University for a roof failure, for $515,000,000. Yes, you read that right! The Plaintiff's attorneys are in Lubbock, Texas....You can see the case briefly at:
http://schoolroofingscam.blogspot.com/2008/02/where-there-is-whole-lot-of-smoke-there.html