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court update
Sep. 14th, 2007 07:34 pmI was only .500, and that with some technical help in my favor. The Judge found in my favor on summary judgment on the counterclaim (sort of), and denied on the claim. So the trial, set for November, is still on.
The counterclaim was a mixed bag. The defendant's attorney conceded on the issue of standing, so that went away on the merits. The Judge denied on monetary damages basically because it's not within the scope of the Court's authority to grant. He denied the request for fees as premature, because they can ask for those by statute if they prevail at trial. And they he denied their claim that I've not suffered damages by the defendant as a procedural matter to be decided at trial. So really only half of the four issues go away. If I win at trial, I'll obviously have to prove I suffered damages, but then that means they ought to be precluded from asking for fees.
It didn't appear that he read their objection or my reply to either motion, which was annoying. He certainly didn't reference them, which, while his perrogative, was still something of a mystery. In any event, all that writing did help me solifidy my arguement. He again went out of his way to explain why he was doing what he was doing and thereby gave me some nice pointers for trial.
I have to prove intent *at the time the events occured*, I have to prove by the evidence that his denials are really facts, I have to prove that anything less than factual in his bankruptcy pleading was made "with reckless disregard for the truth" at the time they were filed *and* that these dishonesties have a material bearing on the case.
Yeah, I got a little bit of work ahead of me. Aparently I'll have lots of time for it, as I've not heard back about my interview or the other resumes I have sent out. I've started sending resumes out for jobs down in Massachusettes. If I don't get anything positive by the end of next week, I'll have to concede the point and accecpt whatever I can get down in Boston where all the real jobs are.
The counterclaim was a mixed bag. The defendant's attorney conceded on the issue of standing, so that went away on the merits. The Judge denied on monetary damages basically because it's not within the scope of the Court's authority to grant. He denied the request for fees as premature, because they can ask for those by statute if they prevail at trial. And they he denied their claim that I've not suffered damages by the defendant as a procedural matter to be decided at trial. So really only half of the four issues go away. If I win at trial, I'll obviously have to prove I suffered damages, but then that means they ought to be precluded from asking for fees.
It didn't appear that he read their objection or my reply to either motion, which was annoying. He certainly didn't reference them, which, while his perrogative, was still something of a mystery. In any event, all that writing did help me solifidy my arguement. He again went out of his way to explain why he was doing what he was doing and thereby gave me some nice pointers for trial.
I have to prove intent *at the time the events occured*, I have to prove by the evidence that his denials are really facts, I have to prove that anything less than factual in his bankruptcy pleading was made "with reckless disregard for the truth" at the time they were filed *and* that these dishonesties have a material bearing on the case.
Yeah, I got a little bit of work ahead of me. Aparently I'll have lots of time for it, as I've not heard back about my interview or the other resumes I have sent out. I've started sending resumes out for jobs down in Massachusettes. If I don't get anything positive by the end of next week, I'll have to concede the point and accecpt whatever I can get down in Boston where all the real jobs are.
