Another Day in Court

[Dale]

Hi guys:

Just to keep you up: The case is more complicated than I could imagine. The Judge was very fair yesterday. He would not let it be dismissed @ this time. And has given us 40 days for him to review the case. He also said that when it was to be heard, the witnesses could do so via phone hook-up. In that 40-day time I am again hiring an Attorney, at least for now to file the documents.

I really almost wished that it had ended. But when a person’s conscience brings him to see a situation, and he speaks up, and then force and strong-arm tactics are used to try and hush him, what is he to do? For example, I was sent an Attorney’s letter that says “we will be filing counterclaims seeking judgment against you for all costs and expense to the fullest extent permitted by any applicable lawâ€Â

 

[hogjowl]

Good luck to you Dale. I really mean that. I hope this is not all for nothing.

 

[Guest]

Dale , I hope all goes well. The best advice I can give you. 1. find a good trial attorney. one who knows what he is doing , 2do some research and see if you can find anything like this happening before in any industry that went to court and has a ruling. 3. When you need to write your letter to the judge or your arguments double space the paper so the judge or assistant has a place to write notes.
4. try do get the judge to have you guys do arbitration.
5. You have a very good chance of losing, which could cost you a lot of money in attorney fees and interest/ DO NOT BE AFRAID to use the Bankruptcy option if needed.

You know , we had a court case when I was in the liquor biz with my mom and dad . We had a precursor to what is known a big box stores to day. We never got 30,000 cases of old milaukee beer. There was no record of a log in for deliveries , no signed invoice, all the beer company had was a signed purchase order. In the end the JUDGE ruled in favor of of the beer company, the judge said A INVOICE , PRE-BILL and purchase order are the same. Our attorney did a very poor job. The one hired on appeal did better but drooped the ball on argument when it was not double spaced so the supreme court judges of the stat did not read the document. In the end our company paid 300,000.00 dollars.

On the bright side the guy for the beer company that sued us his company got bought by another company and he tried it again 7 years later and we caught him. We never recovered any money but he did get fired and had to move to another state.



Good luck DALE.