Author Topic: Benchmark v. Crawford Attorney's Fees Ruling (Read 9550 times)

psy · « **on:** February 19, 2009, 05:47:13 PM »

Hey Jayne!

:deal:

::OMG::

:cry:

Ursus · « **Reply #1 on:** February 19, 2009, 06:00:27 PM »

I can't download at the moment. Don't tell me... Benchmark is reneging on their legal responsibility to pay your attorney fees?

psy · « **Reply #2 on:** February 19, 2009, 06:14:45 PM »

Let this serve as a warning to the next program that tries to sue a survivor. We don't back down. SLAPP us and you'll get far more than you bargained for.

Anonymous · « **Reply #3 on:** February 19, 2009, 06:15:31 PM »

But... but... "Conscience" is mis-worded on line 4 of page 10, so it's invalid!

Anonymous · « **Reply #4 on:** February 19, 2009, 06:17:36 PM »

A HUNDRED AND EIGHTY SEVEN THOUSAND FUCKING DOLLARS

FUCKING OWNED

:jawdrop: :jawdrop: :jawdrop:

:twofinger: :twofinger: :twofinger:

psy · « **Reply #5 on:** February 19, 2009, 06:19:18 PM »

Quote from: "Ursus"

I can't download at the moment. Don't tell me... Benchmark is reneging on their legal responsibility to pay your attorney fees?

Not quite yet. This is the judge's ruling on the motion for attorney's fees. Basically it says: Benchmark has to pay me and my attorneys 187k.

Add their attorney's fees, decreased enrollment, shit economy and I imagine they're going to be in a world of financial hurt.

psy · « **Reply #6 on:** February 19, 2009, 06:20:59 PM »

Quote from: "Guest"

A HUNDRED AND EIGHTY SEVEN THOUSAND FUCKING DOLLARS

FUCKING OWNED

:jawdrop: :jawdrop: :jawdrop:

:twofinger: :twofinger: :twofinger:

basically.

:seg2:

The judge gave us the 1.5 lodestar multiplier too (for the contingent fee basis risk).

psy · « **Reply #7 on:** February 19, 2009, 06:27:41 PM »

Quote

11 The opposition to the anti-SLAPP motion (which was nearly as substantial as the
12 motion itself and included 18 declarations) injected new and never-before-pleaded
13 statements. The opposition appeared to abandon the original allegations of the
14 complaint and brought in new allegations, essentially amending the complaint.

This is where they tried to create a moving target. It's their own fault it was so expensive. They didn't have to keep amending their damn complaint every time we turned up evidence to support what they claimed to be "defamatory".

It was like they said "you lied about X" and when we explained how X was either opinion or true, they attempted to say "you lied about Y"... and so forth. My attorneys ended up calling this a "switcheroo" in one of their motions (I think it was the one for attorney's fees).

The thing is, an anti-SLAPP motion forbids the amending of a complaint (the legislation was designed to prevent this exact moving target game). So what they did was to try and use their response to the anti-SLAPP motion to amend their complaint. The judge did not appear to be amused by his ruling.

REad the ruling... it's fairly straightforward and easy to read. It tells a facinating and hilarious tale.

Anonymous · « **Reply #8 on:** February 19, 2009, 07:03:25 PM »

What makes this one really funny is that Psy didn't even have to initiate the lolsuit; an anti-SLAPP counterclaim, which any attorney worth his shit could do, was enough to bring the ownage. Programmies are fucking clueless when it comes to law in places their mindset doesn't control.

I think the lesson learned here should be clear: Give in, and get nothing except more abuse. Fight, and win. Potentially win quite a lot.

Going to Disney World?

act.da · « **Reply #9 on:** February 19, 2009, 07:07:27 PM »

Congrats psy! I'm glad the court has done the right thing, it must put your mind at ease knowing you won't have to pay the $30,000 bill from fighting Benchmark's SLAPP. Hopefully these rulings should discourage other programs from trying such dirty tricks. Wonder how Benchmark will take this loss of $187,417.74 to you/your lawyers PLUS their own lawyers fees... I'll keep my eyes open for a "closing due to financial situation" notice from them.

Anonymous · « **Reply #10 on:** February 19, 2009, 07:10:55 PM »

so they have to pay your attouney fees plus damages?

psy · « **Reply #11 on:** February 19, 2009, 07:17:18 PM »

Quote from: "Guest"

so they have to pay your attouney fees plus damages?

They have to pay the attorney's fees (which we get the retainer back from). The lawyers get the rest. They earned it, as far as I'm concerned. They did a fantastic job.

psy · « **Reply #12 on:** February 19, 2009, 07:18:54 PM »

Quote from: "act.da"

I'll keep my eyes open for a "closing due to financial situation" notice from them.

I'd say so, but that won't save em from paying the bill, as far as I understand. Jayne, herself, was a plaintiff as well which means she should be liable to pay too.

psy · « **Reply #13 on:** February 19, 2009, 07:25:54 PM »

Quote from: "act.da"

Congrats psy! I'm glad the court has done the right thing, it must put your mind at ease knowing you won't have to pay the $30,000 bill from fighting Benchmark's SLAPP.

Benchmark basically conceded the 30k. They tried to argue that's *all* we should get (meaning the lawyers get nothing). In their oral arguments at the hearing on the motion for attorney's fees, from what I hear they tried to argue that our side should get nothing at all. I haven't read the transcripts yet so I'm not sure how they were able to pull that one out of their ass, but clearly the judge saw it for what it was.

I am *very* happy we got all the money back, but expected little else. They had no case, and they played too many games that the judge saw through. Towards the end, they more or less accused my attorneys of padding their bill. It certainly didn't make them look good to be throwing around such childish accusations. To me, they came off as desperate and bitter. Too bad, i say. They got what they deserved.

Buddha22 · « **Reply #14 on:** February 19, 2009, 07:26:45 PM »

Hey Benchmark,

That will teach you not to mess with Micheal, you bunch of game playing, hypocritical, Lie rs.

Why don't you stop your Horrific, sadistic, PTSD causing jobs and do some work ethic to pay it off.

It will do you good :whip:

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