Quote:
Originally Posted by Dr.Strangelove
Damn. Forgot about the other players. Now I don't have the exact numbers in front of me, but this is the casualty rate.
About 40 sites were found in default with amount of judgement to be determined at a later date.
About 10 site owners were not located, and could never be properly served.
5 webmasters declared bankruptcy.
2 defendants were represented today, with 1 defendants' lawyer withdrawing. And me with my motion to dismiss was granted. Tossed out of court.
The last player, and I'll give you one guess who....has been MIA since last Nov.
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Sheesh.. can see some people getting more than upset - and more than a chance this can blow bigtime. Can only speak from the lawyers I know, but if they think people are playing games, they will rack up the pressure and come in at other angles and force the issue.
The old hiding and running away and bankruptcies are fine as a delaying tactic, but.. well....
Oddly two individuals on our petition chose to try and disappear, but investigators found em after a few months and the court did not appreciate their "little joke" - and they sure won't be doing that again.
It's a pity this appears to be affiliates relying on a sponsor in good faith and subsequently getting pulled into this action. It *may* be that they were pulled in simply to reinforce the main case (tho who knows what the strategy is?).
Was just thinking the petitioning lawyers have no incentive to consider chatting to affiliate lawyers and letting affiliates off the hook a bit - they can still use them to extract damages in the event the main "perp" becomes unavailable and will prob not relax until such time as it becomes uneconomical to wait for the odd MIA to surface. Other factor is they have plenty time to revue and adjust their strategy - there is no hurry needed on their part (obviously allowing for limitation/liability laws) and plenty time to consider how to skin the cat.
From what you said, they appear to have achieved a reasonable success up to this point, but could have further success with MIA's and possible re-presentation of papers which were dismissed on technical grounds and where Ms Williams has retained her right to be heard.
It's only my gutty feeling, but when barriers and obstacle courses are put up - there is prob more chance of persistent action to drown these and get to the core issue. Can only say from stuff we have done in the past and a current petition - if defendants start playing games, the inclination is to go for the throat (legally speaking
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The current stuff I've been doing appears far more serious than this case, with eg. the usual disappearing acts, "I'm not in", numerous hearings before judges and all flavors of bullshit deviancy - would not be surprised if a judge elected to stuff possibly two defendants in a cell under the Penal Code - simply to stop them playing games and "disappearing". The money involved is in the millions, but sure nothing like the level of claim in your case.
Just got the gutty feeling the petitioning lawyers in your case may get pissed over time with bullshit (same as our lawyers) and start strengthening up. The flipside is.. sure, they prob know very well that the affiliates were also "victims" in this case, and that will prob subdue them in seeking extravagant claims.
Seems you got a decent result up to this point and it's prob a good thing that you never did the disappearing act. But... Ms Williams has not been heard yet and still *could* rehash the paperwork in the correct jurisdiction - depends how vicious they feel in the morning
But... good luck to you on this and a pity you are even involved due to a crappy sponsor
