Fornits
Treatment Abuse, Behavior Modification, Thought Reform => CEDU / Brown Schools and derivatives / clones => Benchmark Young Adult School / Benchmark Transitions => Topic started by: psy on February 19, 2009, 05:47:13 PM
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Hey Jayne!
:deal:
::OMG::
:cry:
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I can't download at the moment. Don't tell me... Benchmark is reneging on their legal responsibility to pay your attorney fees?
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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.
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But... but... "Conscience" is mis-worded on line 4 of page 10, so it's invalid!
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A HUNDRED AND EIGHTY SEVEN THOUSAND FUCKING DOLLARS
FUCKING OWNED
:jawdrop: :jawdrop: :jawdrop:
:twofinger: :twofinger: :twofinger:
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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.
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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).
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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.
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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?
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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.
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so they have to pay your attouney fees plus damages?
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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.
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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.
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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.
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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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Hopefully these rulings should discourage other programs from trying such dirty tricks.
I have no doubt of that. I think Benchmark just expected me to back down and say "No! please don't hurt me". Well... lol. They don't know me very well, or those like me.
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Why don't you stop your Horrific, sadistic, PTSD causing jobs and do some work ethic to pay it off.
LOL... well. Let's see. a 182,480 dollar fine at 2 dollars an hour...
91,240 hours
8 hours a day...
11,405 days.
2 days / weekend
5,702 weeks.
52 weeks / year
109 years of work ethic for Jayne!
LOL. Have fun diggin them holes in the "volleyball court". Mind the gas lines!
:roflmao:
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NICE !
Perhaps they'll charge $800 per kleenex tissue in raps/propheets to scare up some greenbacks.
A financial nosedive so steep you can hear the wings separating from the fuselage......
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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.
They expected your lawyers to work for free?
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.
Well, like you said, the high bill is their own damn fault. If they didn't keep changing the complaint, your lawyers wouldn't have had to keep running around gathering more and more defense evidence.
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They expected your lawyers to work for free?
As I understand it, they figured the retainer was enough. LOL. I'm going to *have* to read those transcripts because I just *need* to know how they made that sound anything but insulting to the intelligence of the court.
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This is great!! About goddamned time!!!
:deal: :rocker: :rocker: :tup: :tup: :tup: :notworthy:
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Awesome stuff. Congrats, Psy.
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Wow. Bien fait!
This is a good month.
Rachael
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Wow. Bien fait!
This is a good month.
Rachael
Thanks! Yes, it has veen a *very* good month. Lots and lots of good news from all over. AARC, PFC, Benchamark, HLA, TB, Spring Creek Lodge, Darrington Academy and some others I can't think of.
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So when do they actually have to pay you by? Is there a possibility of appeal? What are you going to do with a hundred and eighty seven fucking thousand dollars?
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(But I guess the real question is, who gets the "lodestar" bonus- you or your lawyers?)
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So when do they actually have to pay you by?
I'm gonna have to ask my lawyers that.
Is there a possibility of appeal?
Course they can, but it also means they would be liable for those attorney's fees when they lose. They're welcome to try. I encourage them to be self-destructive. If 180k (plus their fees to their attys) doesn't put them (and Jayne) into the red completely, an appeal sure will.
What are you going to do with a hundred and eighty seven fucking thousand dollars?
... in attorneys fees. Which go to the attorneys... (apart from the 30k retainer).
They took the case on a primarily contingent fee basis, so they get to collect the money. I have no problems with that. I don't really care who gets paid so long as Benchmark pays.
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(But I guess the real question is, who gets the "lodestar" bonus- you or your lawyers?)
My lawyers. It's for the risk they took by taking the case on a contingent fee basis. Lodestar encourages attorneys to take on such cases because of the risk (since they don't get paid if they lose). They did a fantastic job. They deserve it.
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Contingency is usually a third or 30%. I don't think you can have fees PLUS contingency.
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Contingency is usually a third or 30%. I don't think you can have fees PLUS contingency.
Read the ruling (it explains it)...
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Contingency is usually a third or 30%. I don't think you can have fees PLUS contingency.
The lawyers took a risk taking on the case without being assured they would get paid in full. To encourage lawyers to do this (otherwise they would not) the law allows them to be awarded a multiplier of their attorney's fees (1.5 in this case).
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Contingency is usually a third or 30%. I don't think you can have fees PLUS contingency.
The lawyers took a risk taking on the case without being assured they would get paid in full. To encourage lawyers to do this (otherwise they would not) the law allows them to be awarded a multiplier of their attorney's fees (1.5 in this case).
yay!!!
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Congratulations Psy. This is excellent. Will this set yet another precedent? I hope so.
So far, this has been a great month. And this news is the cherry on top.
"Benchmark lavishing over its financial reserves"
A dateless bargain to engrossing death. Come bitter conduct, come unsavoury guide! thou desperate pilot...now at once run on the dashing rocks thy sea-sick weary bark!.....blah blah blah.......Thus with a kiss, I will die.
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So, when do they actually have to pay up by?
In light of Len Buccellato's continued failure to pay his legal settlement, I keep wondering how long it takes (in California, as opposed to Georgia) before either you get your legally ordained money or someone gets his/her/its ass sent to jail...