Law School Discussion

Nine Years of Discussion
;

Author Topic: Should I embrace this opportunity? (Yes, this is for real.)  (Read 734 times)

IPFreely

  • Sr. Citizen
  • ****
  • Posts: 100
    • View Profile
Should I embrace this opportunity? (Yes, this is for real.)
« on: November 18, 2010, 06:12:46 PM »
I have an opportunity to sue the everliving sh1t out of a small business.  I've been a customer of theirs for several years now, I like them, they're good people.  The potential damages are in the $5M range.  If I win, they'll be out of business.

There is no actual physical harm to me or to any other person involved in this case.  The issue is one of legal formalism.  They've violated statute and are open to a suit for having done so.

On the one claw, they're a decent company.  On the other claw, I would very much like a new waterfront vacation property and a Lamborghini.

Should I embrace my inner assho1e?

Discuss.

MEMEMEME

  • Guest
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #1 on: November 18, 2010, 08:11:55 PM »
Sure, why not, lots of people are sociopaths.

Hamilton

  • Sr. Citizen
  • ****
  • Posts: 337
    • View Profile
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #2 on: November 18, 2010, 10:46:11 PM »
Negative Ghostrider, the pattern is full.

IPFreely

  • Sr. Citizen
  • ****
  • Posts: 100
    • View Profile
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #3 on: November 19, 2010, 04:20:08 PM »
Sure, why not, lots of people are sociopaths.
Excellent board name for this comment!

The beauty of this type of case, and the instant incipient case I have, is that there is no, there can be no, dispute over the factual issues;  those are already known.  It's a straight bench trial.  The only question is one of multiplication (number of occurrences times the dollar-damages per occurrence -- which are conveniently set by statute) to determine damages.

Realistically, these suits are mostly being settled for, roughly, enough for a good Porsche.  After taxes, of course.  Which is fine, I can go for a 944 or a 911.  Just not a ****ing Boxster or a Cayenne.  I mean, seriously, a Boxster?  Might as well drive a ****ing Ford Fiesta.

Hamilton

  • Sr. Citizen
  • ****
  • Posts: 337
    • View Profile
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #4 on: November 19, 2010, 04:33:20 PM »
But to sue them b/c you CAN, not because you were damaged?  That is not right - especially if they did not benefit, nobody was harmed and it will ruin their business.  Why?  I wouldn't be able to live with myself knowing I enriched myself by ruining someone else only because I could.

MEMEMEME

  • Guest
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #5 on: November 19, 2010, 05:05:45 PM »
I repeat my original comment. Also, my handle is less a comment about myself than of society if I really need to break it down for you. I suppose you could say both my comment and handle are meant  with just very very slight hints of irony.

Julie Fern

  • LSD Obsessed
  • *****
  • Posts: 27216
  • hillary clinton say "boo!"
    • View Profile
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #6 on: November 20, 2010, 08:44:49 AM »
it usually not easy as may look.  law funny that way.  prepare to lose your ass.

Morten Lund

  • Sr. Citizen
  • ****
  • Posts: 259
    • View Profile
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #7 on: November 21, 2010, 02:15:10 PM »
it usually not easy as may look.  law funny that way.  prepare to lose your ass.

As usual Julie has a good point (although without her usual, um, flair).

Nobody will fold on a bet-the-business lawsuit.  If you start this it will get ugly.  That's not to say that you wouldn't be successful, but you should budget significant amounts of time, money, and heartache to any such effort - and you should also consider the possibility that you will end up worse off than you started.  Counterclaims...  never forget the counterclaims...

But then, I am Mr. Corporate Guy, and I hate litigation in general.  Can't we all just get along?

MEMEMEME

  • Guest
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #8 on: November 21, 2010, 04:19:17 PM »
I have an idea, forget the Lamborghini and Porsche and just buy me the Ford Fiesta.

MEMEMEME

  • Guest
Re: Should I embrace this opportunity? (Yes, this is for real.)
« Reply #9 on: November 21, 2010, 04:20:21 PM »
I mean in lieu of paying the filing fees and possibly expert fees. So then you'd be helping a single good person and a company of good people