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Kirkaldy vs Kachina Powerboats judgement> we won

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Old 10-29-2007, 09:56 AM
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Lets see it all, $40,000 to regelcoat a boat?
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Old 10-29-2007, 12:37 PM
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Because you won, do they not have to pay your lawyer fees? Thats how it works here. I know this first hand unfortunetly.
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Old 10-29-2007, 12:57 PM
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Originally Posted by METAL BROS RACING View Post
Both counsel are discouraged from applying for attorneys fees absent evidence that their
client offered to resolve this case for an amount of money more favorable to the other side than
results by today’s decision.
Every state is different and within that state, there are different situations determining whether you can seek restitution for fees or not.

Canada uses the same basic system as england, IIRC. Basically it's loser pays all. That's been suggested here as a way to dissuade nuisance or frivolous lawsuits. It really favors those with deep pockets though so if it were ever attempted, some appeals court would likely find it unconstitutional. Plus, the law and court proceedings are often disconnected from reality- I've seen plenty of situations where the guy was entirely in the right, yet lost.

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Old 10-29-2007, 02:15 PM
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So Ken, if you are such a martyr in this lawsuit, would you mind at all if the evidence portion of the testimony gets posted as well?
It will be posted in it's entirty when it is transcribed. And nobody said I was trying to be a martyr, just proving a point.
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Old 10-29-2007, 02:19 PM
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Lets see it all, $40,000 to regelcoat a boat?
Yeah that was not us stating that, our professional witness came out with that one, our position was that it would cost 20k to paint the boat which is a reasonable price for a 34 foot boat.
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Old 10-29-2007, 04:39 PM
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Ken,

Glad you got a positive outcome.........sucks you had to go through all the B.S.

Later,
G
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Old 10-29-2007, 05:50 PM
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Canada uses the same basic system as england, IIRC. Basically it's loser pays all. That's been suggested here as a way to dissuade nuisance or frivolous lawsuits. It really favors those with deep pockets though so if it were ever attempted, some appeals court would likely find it unconstitutional. Plus, the law and court proceedings are often disconnected from reality- I've seen plenty of situations where the guy was entirely in the right, yet lost.
True... But both those countries also cap how much you can sue for as well. Also more scrutiny on lawsuits filed. Suits in Canada do have court approval, courts can refuse to hear cases. You can appeal lower court refusal to higher courts though.

A stock broker that worked in my Dad's office, invested in a tax shelter real estate deal. He lost all his money. Tried suing and the court basically said that he was a pro licensed investment advisor and therefore was aware of the risks. They would not let the case proceed to trial. I know a car dealer that bought a lemon provable rolled back o.d car his suit against the other dealer same thing. As is and your a pro, so you knew what you where buying. Both appealed and failed to have their cases herd. Courts have also been known to question legal bills as well.

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obtain such remedy as the court considers appropriate and just in the circumstances.
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Old 10-29-2007, 07:59 PM
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that says all about Kachina, who sells them anyway, they had an ad in the boat publication last year at loto, but never sold any boats, no dealers that I know of
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