The Litigation, The lawsuit Options

[Bremang]

Forget all the bad faith stuff.

Hopefully I won't wake up a mile from Hoover Dam in a pair of running shorts ..... alone .... with a dollar bill rubber ban'd to my wrist.

hahaha

yea, and i guess the fact they they amended the complaint, just to include a party or something like that, makes the action seem too authentic to be contrived

[OutToDry]

it's not contrived, and it's still out there.

[Bremang]

like bigfoot

[mfitz804]

But are there not ethical considerations for a lawyer, can they legitimately deny allegations like this if they know it to be true?

Who knows how many fans are necessary for it to be a consideration, or how many fans they have

There are ethical considerations, but one still has to defend their client's interests. You might deny an allegation just because of how its worded, even though it may basically be true. If you aren't going to deny that your client is liable for something, you ought to just tell him to write a check.

I have no idea how many fans there are. All I know is that in 2010, Live was nowhere near the forefront of the music industry, and I find it hard to believe that this would be some elaborate publicity scheme. Especially since the majority of people (and probably everyone other than those who frequent message boards such as this one), would have no idea that the litigation even took place. I know I only know from this board.

[mfitz804]

Thanks again....

I apologize again if these questions are way off the mark...

When the NY SC is determining a breach, how is evidence such as a contract introduced to the court? Will the court try to make these determinations pre-trial when Ed's camp is asking for judgment in their favor?

Contracts come in as part of the discovery process, and are offered in evidence at trial (subject to authentication). One could also utilize the contract in making a motion for summary judgment. However, until trial or motion, the Court doesn't make any determination.

Also, keep in mind that the jury is the finder of fact (if in fact it is a jury trial). So, technically it would be the jury making the determination as to what the facts are and whether they constitute a breach, subject to the instructions of law given by the Court.

This post has been edited by mfitz804: Oct 4 2011, 7:08 am

[mfitz804]

it's not contrived, and it's still out there.

I'm pretty sure its not contrived. And it is still out there, but for whatever reason, neither side is pursuing it. Reconciliation anyone?

[Bremang]

Contracts come in as part of the discovery process, and are offered in evidence at trial (subject to authentication). One could also utilize the contract in making a motion for summary judgment. However, until trial or motion, the Court doesn't make any determination.

Also, keep in mind that the jury is the finder of fact (if in fact it is a jury trial). So, technically it would be the jury making the determination as to what the facts are and whether they constitute a breach, subject to the instructions of law given by the Court.

much thanks!

If within an answer the respondent asks for judgment in their favor, is it considered to be a motion for summary judgment?

[Bremang]

I'm pretty sure its not contrived. And it is still out there, but for whatever reason, neither side is pursuing it. Reconciliation anyone?

maybe they got pissed and tired about Ed not answering their calls about the million dollar deal.

[mfitz804]

maybe they got pissed and tired about Ed not answering their calls about the million dollar deal.

If they were really pissed, I assume they would proceed with their lawsuit rather than just allowing it to sit there. After Ed has filed his Answer, the next move would belong to CCP, and they haven't taken it.

Not knowing anything else, it would seem to me like they didn't want to piss Ed off too much because they are still hopeful of working together again.

Everything else we have see and heard, or course, seems to indicate the contrary.

[mfitz804]

much thanks!

If within an answer the respondent asks for judgment in their favor, is it considered to be a motion for summary judgment?

The complaint and answer always ask for judgment in the filing party's favor. The two ways to accomplish this are either making a summary judgment motion, which means that there are no material questions of fact for a jury to decide and the judge may decide the case as a matter of law. Or, by trial (jury or non-jury).

The answer itself is NOT considered a motion for summary judgment, which requires the party making the motion to set forth sufficient facts and evidence to demonstrate the absence of factual issues. This can't be done until AFTER discovery has been completed; in fact, if one makes a summary judgment motion before the completion of discovery, it will likely be denied as being premature.

[dancing queen]

maybe I'm the last one to the party here... but I just looked up the lawsuit myself (I had gotten ahold of the pdf without actually going to the courthouse site myself) and in the process found Ed's answer to the lawsuit. I'm literally on my way out the door... so I won't be able to read it. It's also 16 pages. but it was filed 8/24/10. I haven't actually read this thread so my apologies if this is old news. it's new to me. and I'll be reading ed's response hopefully during work.
have a good day!

[zmanpga]

just read entire pdf, answers
Last line "prays case is dropped"
one has to wonder what side the courts will take'
do not see a reunion anytime soon

[OutToDry]

ihavebeenwrongedbyyousomedayyoullsomedayyoullseewhathasbeendonebringsyoucloserto
closertome

This post has been edited by OutToDry: Nov 8 2011, 9:17 pm