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06-29-2011, 05:03 PM
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#1 |
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Too lazy to set a custom title
Industry Role:
Join Date: Jul 2005
Posts: 10,057
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If someone sues you for something.. and you win
Can you sue them for what your defense cost?
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06-29-2011, 05:03 PM
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#2 |
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Confirmed User
Join Date: Oct 2008
Location: i'm in miami bitch
Posts: 1,888
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I believe so, most lawsuits include legal defense
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06-29-2011, 05:06 PM
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#3 | |
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Too lazy to set a custom title
Industry Role:
Join Date: Jul 2005
Posts: 10,057
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Quote:
I hate when people disagree with me and they're wrong but won't listen |
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06-29-2011, 05:25 PM
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#4 |
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Confirmed User
Join Date: Apr 2008
Location: Always "Travelin Light"
Posts: 622
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IF you do not counter sue then your lawyer can file a motion for granting of attorneys fees.. If you DO counter sue, then you can only recoup what your defense cost, not what your counter suit cost.. Your lawyer should be doing this for you already..
The judge will decide three things: 1) if you should get attorneys fees 2) if the fees your lawyer is charging you are "justified" i.e. you cant have a 200K legal bill for a mere 50K lawsuit.. 3) the amount.. the judge will usually agree with the attorney.. if the attorney submits his bill right.. This is what happened with me.. Sometimes, it is not a good idea to do that though.. it also depends on whether or not the case was dismissed with prejudice or not..
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http://mega.co.nz |
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06-29-2011, 07:04 PM
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#5 | |
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Too lazy to set a custom title
Industry Role:
Join Date: Jul 2005
Posts: 10,057
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Quote:
Dismissed with prejudice, meaning the motherfuckers can't appeal the ruling, right? Can't do it without some kind of half miracle, anyway? |
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06-29-2011, 07:11 PM
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#6 |
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Dismissed with prejudice means that the plaintiff is barred from bringing a future action on the same claim.
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06-29-2011, 08:09 PM
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#7 |
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Confirmed User
Industry Role:
Join Date: Jun 2009
Posts: 8,785
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You don't really have a chance unless the suit was deemed frivolous, you countersued and asked for fees, or you have a contract that stipulates that the winner of any action will receive fees.
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06-29-2011, 08:31 PM
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#8 |
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Too lazy to set a custom title
Join Date: Jan 2003
Location: Los Angeles
Posts: 10,522
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This will also depend a bit on jurisdiction. I believe the British system is more generous to winners of cases than the US system is. Your attorney should be able to advise you on this. If it did not actually go to court, although you could sue for your costs, it is probably easier just to pay the legal tab as is.
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