Litigation, Who Has War Stories?

[Gator By Marriage]

Divorce law is the ugliest area of law. There’s good money to be made in it for the lawyers, but everyone in divorce court is miserable: the parties, lawyers, even the judges.

It sure is expensive too: you know what the average cost of retaining a good divorce lawyer is? Not nearly as much as retaining a bad one.

Only jury I've ever sat on - and for three days no less - was a divorce case. You can add "juries" to your list of people in divorce court who are miserable.

 

[Nalt]

With so many attorneys on this board, I can't help but wonder if Alexander Shunnarah isn't one of them...

 

[Detroitgator]

With so many attorneys on this board, I can't help but wonder if Alexander Shunnarah isn't one of them...

Nah, he's a Bammer thing, but he has infected the panhandle like he's some kinda kudzu that crept east along I-10.

 

[Egor's Assistant]

Still waiting on Power Mod, @CaseyGator , to weigh in on the subject. I believe she is also a litiGator.

 

[CaseyGator]

Still waiting on Power Mod, @CaseyGator , to weigh in on the subject. I believe she is also a litiGator.

Negative. I am reformed. No further comment.

 

[Egor's Assistant]

Negative. I am reformed. No further comment.

Keeping your war stories to yourself, I see.

Glad you got out of that profession. Seems that most are fairly miserable. Basically, you get to argue for a living with petty people of questionable character..... Wait a minute,.... that's just like being a Mod on Gatorchatter.

 

[Alumni Guy]

Is that your billboard?

My competitor’s.

 

[jdh5484]

There's right.

There's wrong.

Then there's the law.

Principle has nothing to do with it.

 

[deuce]

I've been sued a few times, won most but, the times I lost still eat on me.

I agree with jdh5484(above) .......... learning that "Right" doesn't matter was a hard, expensive lesson for me.


One memory is that I lost a Breach of Contract case and after the Judge ruled, the Lawyer for the Plaintiff asked how to file certain paperwork and the Judge, in open Court, said "it's just how I explained it to you last week".
I started to say something but my Lawyer grabbed my arm and whispered, "shut up before you find yourself in contempt"!
Bit my tongue and paid...

 

[CDGator]

Our radio stations are being bombarded with ads to join a class, action lawsuit against products with acetaminophen and the risk for causing autism while pregnant. Do you all have those playing on your radio now too?

 

[B52G8rAC]

Our radio stations are being bombarded with ads to join a class, action lawsuit against products with acetaminophen and the risk for causing autism while pregnant. Do you all have those playing on your radio now too?

Yep.

 

[Gatordiddy]

Our radio stations are being bombarded with ads to join a class, action lawsuit against products with acetaminophen and the risk for causing autism while pregnant. Do you all have those playing on your radio now too?

Haven't heard about that one.

I'm banking on either the Transvaginal Mesh or the Camp LeJeune lawsuits to come through for me.
I have neither a vagina nor have I served in the Corps, but... shouldn't matter.
This is my retirement money we're talking about here and I want justice!

 

[Altitude Gator]

I won and lost almost identical cases in two different counties representing the opposite parties.

Won a case in Denver County court representing a ridiculously slow contractor when I got the plaintiff to admit on the stand that he spent the loan money and could no longer afford to pay so he fired him without honoring the contract. My guy was dilatory. But we also embarrassed the big firm attorney when he insisted that his client had to remove the blankets to let the concrete "dry."

Lost a case in Jefferson County court representing a building owner who gave a contractor more than plenty of chances to complete HVAC setpoint controller work. Judge said my client waived any expectation of timely or decent work by continually demanding the work be done right and giving a new deadline for completion. Dude installed non-plenum rated wiring in the plenums and my client had to pay to have it removed and done right...and still lost and had to pay the contractor that did less than nothing.

Lesson: contractors always win if you can show them as the "little guy" against the money.

 

[Gatordiddy]

I won and lost almost identical cases in two different counties representing the opposite parties.

Won a case in Denver County court representing a ridiculously slow contractor when I got the plaintiff to admit on the stand that he spent the loan money and could no longer afford to pay so he fired him without honoring the contract. My guy was dilatory. But we also embarrassed the big firm attorney when he insisted that his client had to remove the blankets to let the concrete "dry."

Lost a case in Jefferson County court representing a building owner who gave a contractor more than plenty of chances to complete HVAC setpoint controller work. Judge said my client waived any expectation of timely or decent work by continually demanding the work be done right and giving a new deadline for completion. Dude installed non-plenum rated wiring in the plenums and my client had to pay to have it removed and done right...and still lost and had to pay the contractor that did less than nothing.

Lesson: contractors always win if you can show them as the "little guy" against the money.

Preach!
We have been dealing with a very substandard GC here in DTC.

 

[Nalt]

Preach!
We have been dealing with a very substandard GC here in DTC.

Try contacting the news media and have them put a spotlight on the GC. Substandard contractors HATE the media spotlight.

 

[Concrete Helmet]

Our radio stations are being bombarded with ads to join a class, action lawsuit against products with acetaminophen and the risk for causing autism while pregnant. Do you all have those playing on your radio now too?

Yup....gonna have to get in on that one too...

 

[Concrete Helmet]

you know what the average cost of retaining a good divorce lawyer is?

No.......but I'm willing to bet "get the f vck out" is a whole lot cheaper.....just remember to get the key back when doing so or call a locksmith pronto....But do you know what is expensive? Replacing every god d@mned thing in your house when she shows up at your house with a moving truck while your at work....

 

[Gator By Marriage]

Lesson: contractors always win if you can show them as the "little guy" against the money.

Years ago, I came out of the house one morning to see a whole section of side yard that had sunk several feet to the point where it actually pulled apart a chain link fence. Thinking it must be a sink hole I called the county who dutifully dispatched an expert to come take a look. The good news was it wasn't a sink hole; the bad news was it a "trash pit" - i.e. the contractor had buried trash on the lot during construction about ten or so years earlier (long before Mrs G. bought the house prior to our marriage). While it took quite a bit of research, I was able to figure out who the builder was (not the builder of record who subbed the job out) and discovered - fortunately - he was still in the building business. I was able to get a hold of the owner who was pretty disinterested in my problem and dubious of his responsibility. He thought he ended the conversation by telling me he didn't see it as his problem, but I was welcome to sue him. I told him that I didn't think it was worthy of a lawsuit, but asked if he could provide me the name of his insurer so I could file a claim. (Most insurers in that particular area of insurance will drop a client if they don't identify their insurer when asked.) After a moment of dead silence, he asked me to repeat what I said. Clearly, now I had his interest. He asked me a few questions about what the county guy had said and asked if he could come over and take a look the next day. "That'd be great," I replied.

So he shows up the next morning, walks around a bit, and confirms what county guy said (duh). He then says, "How about this; I'll dig up the hole, fill it with concrete, top it with soil, level it out with the rest of the yard, lay down fresh sod, and fix the fence." "When?" "We can start next Monday and get it done in less than a day." "That'd be great," I replied. To his word, it looked good as new and we were transferred overseas a few months later. No idea how the repair held up over time.

Lesson: When dealing with a contractor/builder, if feasible, don't threaten a lawsuit; threaten filing a claim with their insurance.

 

[Alumni Guy]

Years ago, I came out of the house one morning to see a whole section of side yard that had sunk several feet to the point where it actually pulled apart a chain link fence. Thinking it must be a sink hole I called the county who dutifully dispatched an expert to come take a look. The good news was it wasn't a sink hole; the bad news was it a "trash pit" - i.e. the contractor had buried trash on the lot during construction about ten or so years earlier (long before Mrs G. bought the house prior to our marriage). While it took quite a bit of research, I was able to figure out who the builder was (not the builder of record who subbed the job out) and discovered - fortunately - he was still in the building business. I was able to get a hold of the owner who was pretty disinterested in my problem and dubious of his responsibility. He thought he ended the conversation by telling me he didn't see it as his problem, but I was welcome to sue him. I told him that I didn't think it was worthy of a lawsuit, but asked if he could provide me the name of his insurer so I could file a claim. (Most insurers in that particular area of insurance will drop a client if they don't identify their insurer when asked.) After a moment of dead silence, he asked me to repeat what I said. Clearly, now I had his interest. He asked me a few questions about what the county guy had said and asked if he could come over and take a look the next day. "That'd be great," I replied.

So he shows up the next morning, walks around a bit, and confirms what county guy said (duh). He then says, "How about this; I'll dig up the hole, fill it with concrete, top it with soil, level it out with the rest of the yard, lay down fresh sod, and fix the fence." "When?" "We can start next Monday and get it done in less than a day." "That'd be great," I replied. To his word, it looked good as new and we were transferred overseas a few months later. No idea how the repair held up over time.

Lesson: When dealing with a contractor/builder, if feasible, don't threaten a lawsuit; threaten filing a claim with their insurance.

A little tool everyone should know. They have to provide the insurance info. Send a letter to their home office and to their registered agent (find it on Sunbiz) citing this statute. Many lawyers have shaken money loose using this.

Statutes & Constitution :View Statutes : Online Sunshine

 

[Egor's Assistant]

The emotional roll is one aspect of litigation that people don’t really account for. When I explain that to my clients, it’s always the same, “I can handle it, I’m rough, the anger I feel is worth the emotional toll”

But, until you’ve been in it, it’s tough to explain how tough it is to deal with. It seems like an end will never come, and the legal fees start coming in at thousands per month.

Sorry you’re dealing with it, but $880k is A LOT of damages: you almost had to sue. Best of luck.

“Emotional distress damages”: what a load of poop.

My case is headed into the final stretch with a settlement conference scheduled next Monday. The depositions were very favorable towards us and the insurance company representing the defendant is likely to make a decent offer based on the probability of losing a lot more. A trial is scheduled for May 12th, four days of a jury trial, should we fail to settle.

The parasite who sued us to get a piece of the action failed to produce complete discovery, had her lawyer quit on her rather than face sanctions and then she had to offer us a settlement, releasing us from all liability and promising not to disparage us. She got not one red cent. During her deposition last week, she broke our settlement agreement and now faces a countersuit. Fees clause in full effect.

As soon as the big case is over, I'll spill some details. I am definitely interested in the Gatorchatter Law Trust's opinion on what to do about the annoying parasite bully who just exposed herself to legal liability while trying to hurt my wife and I for an imagined injury. Holy crap. What a world.

When does football start again?