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PICKING SIDES: Selkirk is TEAM USAP

PICKING SIDES: Selkirk is TEAM USAP

PLUS: Ex-Supreme-Court-level Lawyer's POV on JOOLA Lawsuits

Good day, picklers.

Welcome to the land of Eye Candy and Muscle Babes. Can you take a guess where we are today?

Ahh. That’s right. We’ve arrived at the beautiful Venice Beach, playing a few games at the Venice Beach Paddle Tennis Courts. Lucky for us, while the courts are caged and made for the Paddle Tennis (or Padel) crowd, they do also provide portable nets for us pickleball players. How thoughtful 😘

Our play time has expired, unfortunately. But while I chill, sip on some salty margs, and watch this insane game of padel…

Let’s get into some pickle talk, shall, we?

Here’s what’s on the docket today:

Pickle Talk: Selkirk sides with USAP & A lawyer and paddle company owner’s POV on the JOOLA lawsuits
Bite-sized: JOOLA sues USAP. Federer plays pickleball for the 1st time. Pickleballers fined in NY. Ball at the National Mall.
Golden Pickle: The $2,000 Pickleball Machine. Are you getting it??

Let’s start off with a visually stunning banger, shall we? 😵‍💫

Did you expect THAT? ‘Cause I don’t think his opponent did either.

Salute to South Korea..doing pickleball cray cray 🫡 🇰🇷

That’s what we call a winddd up.

Let’s get into some PICKLE TALK

SELKIRK SIDES WITH USAP

How does one paddle company get on the good side of mother dearest, the USAP?

I’ll tell you how: back her up publicly and honey… you are IN.

Selkirk, a well-known paddle brand, decided that it was time to chime in on the paddle fiasco blowing through the community. Did anyone ask for it?

Absolutely not. But did they still want to push one foot into the closing door?

Absolutely, Yes.

Here are the posts:

Selkirk @ Instagram

Why…I thought Selkirk and JOOLA were friendly enemies. But I’m guessing if JOOLA needs a friend to call during these rough times, Ms. Selkirk will most definitely not be on that list.

In this day and age, it’s not simply enough to have an opinion; you must seek for validation. So… digging I went, and wow, did I hit the jackpot. It looks like I’m not the only one who thinks Selkirk is pulling a stunt. whew.

Commence: The Roast of Selkirk 🎙️

So the question now is…what’s your take? Selkirk has chosen its side, but…

…is this simply a PR stunt for $$$ or an innocent means to support the future of pickleball?

From this here vantage point, it seems a little “teacher’s pet”-ish to me…😌

JOOLA vs. USAP Lawsuit (A Lawyer’s POV & Opinion)

Let’s take this from a real lawyer’s perspective, shall we? Reddit user r/gospartus recently made a post on Reddit titled: Joola and USAP Lawsuits from the Perspective of a Lawyer and Paddle Company Owner.

After a little digging online, it looks like this is in fact Mr. Josh Kim. So far, his LinkedIn profile checks out.

Are his paddles great? Not sure. But his Reddit post was sizzling and quite honestly…

…a pretty great take regarding the whole paddle situation going on.

Here’s the full post, but just in case you don’t have time for all that:

HERE’S THE GIST

Combined Analysis: Both the class action lawsuit against Joola and Joola's lawsuit against USAP should be considered together, not separately.
Class Action Lawsuit:
- David Boies Involvement: Highly unusual and significant due to Boies' reputation as a top litigator.
- Fraud Claim: Opens the possibility for treble damages, potentially multiplying the actual damages significantly.
- Potential Damages: Joola sold 60,000 Gen 3 paddles at $250 each, totaling $15 million. Treble damages could lead to much higher figures.
Joola's Strategy:
- Refunds: Likely aimed at reducing legal liability rather than solely addressing customer concerns.
- Motion to Stay: Joola might request to pause the class action pending the USAP lawsuit's outcome.
- Injunction: Seeks to compel USAP to recertify Gen 3 paddles, which could weaken the class action claims.
USAP Lawsuit:
- High Damages Demand: $200 million claim may be a tactic to force a quick settlement.
- Timing: Filed after the class action, suggesting a defensive strategy.
- Discovery: Could reveal internal Joola communications, potentially damaging if non-compliance is evident.

USAP Approval Process

Current Process: Relies on an honor system with limited verification.
- Application form filled out by companies.
- Objective tests by NTS, but no in-depth chemical verification.
Decertification Notice: USAP informed Joola of Gen 3 decertification prior to launch.
Recommendations for USAP:
- Improve transparency, especially regarding reasons for paddle decertification.
- Enhance verification processes to ensure compliance with stated materials.

Additional Notes

Inconsistencies: Potential inconsistencies in USAP’s handling of paddle delistings, notably with the Gearbox PPE paddle.
Regulatory Independence: Importance of an independent regulatory body like USAP to avoid conflicts of interest.
Financial Impact of Litigation: USAP likely has sufficient resources to defend against Joola's lawsuit despite Joola's greater funds.

Key Points

Significance of Boies' Involvement: Indicates the high stakes of the class action lawsuit.
Joola's Defensive Tactics: Aimed at reducing liability and countering the class action.
USAP’s Role: Critical for regulation, but needs more transparency and consistency.
Financial Considerations: Litigation costs likely manageable for USAP, minimizing risk of being "sued out of existence."

Josh Kim notes that all of this is his opinion and none of it is legal advice.

BITE-SIZED PICKLES

1/ JOOLA SUES USAP: JOOLA is layin’ down a heavy gavel. On June 12th, the pickleball company in hotwaters, due to it’s Gen3 delisting as an official USAP paddle, filed a lawsuit against the pickleball governing body USAP in the United States District Court of Maryland. The decision to take legal action boils down to one belief from JOOLA: the Gen3 paddles are legal paddles, as proven by prior approval and testing. (ICYMI…JOOLA claims that the current Gen3 paddles are “materially and structurally the same as those approved by USAP” back in September ‘23.)

2/ FEDERER PLAYS PICKLEBALL: Federer is on the road promoting the release of his new documentary “Federer": Twelve Final Days," available on Prime Video. It follows the last 12 days of his professional tennis career back in 2022. During an interview with “Extra’s” Billy Bush, he talks about his first time playing pickleball in Vietnam: “It felt like a big version of ping pong…It felt strange and unreal…It’s an easier game than tennis, and it’s fun.” His documentary is set to release on June 20.

3/ A FINE TO DRAW THE LINE: The Staten Island Pickleball club in New York is home to 900 dedicated players. But like many places in the US, demand is greater than the supply of pickleball courts available. As a result, players have been utilizing the surrounding tennis courts to fill the gap in supply. Consequently, on June 11, a pickleball player was fined $50 for taking over the tennis courts at Fairview Park. The park’s patrol officers state that the tape put down by the pickleball players on the courts has damaged the surface.

4/ BALL AT THE NATIONAL MALL: If you’ve ever dreamed of what it’s like to play ball near the White House, then September 27 through the 29th is your chance! The National Mall in Washington, D.C will, again, be hosting a pickleball pop-up event, with courts available for all to play. This year, 2 new courts will be added to parallel the demand. Want a chance to win an all-expenses-paid trip to the National Mall of Pickleball? You can do just that by entering the “Ultimate Pickleball Duo” contest. All detail here.

GOLDEN PICKLE, ANYONE?

🏆 PRETTY RAD, HUH? RAD Paddles are making a colorful splash with their beautiful paddles. The paddle on the right was designed by the famed artist MADSTEEZ. You will be rocking the courts with what they call “functional art”. Carbon Fiber surface, USAP-approved, and just a beauty to look at.

🏆 A NEW WAVE OF pickleball shoes have hit the market by the island-focused brand: OluKai. Named the ‘Anau, the shoes are (of course) inspired by the ocean and Hawai'i. The shoes have Wet Grip Rubber for the outsole, designed to offer high-grip traction and stable footing. Pricing Tag? $140

🏆 A $2,000+ PICKLEBALL MACHINE by the brand Titan debuts its newest pickleball invention on Pickleball Central. There are currently 2 versions: 1. Titan Ace, priced at $2,099 & 2. Titan ONE, priced at $2,299. The machines are capable of holding 110 and 85 balls, respectively, and have preprogrammed drills installed, ready to help you improve your pickleball skills. Are you hopping on board?

🏆ONE TO WATCH… Can 4.0 Men Beat 5.0 SENIOR WOMEN in Pickleball??