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Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 135397 times)  

Offline Wayne Stinnett

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #675 on: February 11, 2018, 05:49:00 AM »
Dropped another nickle in the kitty, via PP. Whatever I have left after my trip to Miami next Thursday, I'll split between yours and Christina's fundraisers.
NINC President-Elect. My Amazon Bestselling, twelve-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
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Offline cdk

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #676 on: February 11, 2018, 09:08:55 AM »
Quote
the smart approach is to take all bites at the apple that you can. Because if you don't, and on any given sunday things don't go your way in court, you can't get those other chances back.

This, exactly.
It's not an either/or situation.  The attorney may charge more initially for filing multiple motions, but he/she can file both a motion to quash and an anti-slapp motion to be heard in court at the same time provided the attorney gives sufficient notice, and you want the anti-slapp motion heard first.  You win the anti-slapp, the additional cost was worth it when you recover attorney fees.  You don't want your attorney racking up attorney fees with multiple appearances when it can all be done at once.  And it helps that you're in a knowledgeable court, or at least a court with a good research attorney assigned to your case.

Quote
I don't see an attorney being able to continue working as an officer of the court, with an outstanding judgement against him.

Being assessed attorney fees has no impact on whether or not an attorney continues to work.
What's interesting about this case is the dynamic between attorney and client.  I know next to nothing about civil law and it was fairly obvious even to me the cross-complaint couldn't survive against out-of-state cross-defendants.  If I could figure that out, no doubt counsel knew that when he/she filed the cross-complaint.  Whether counsel suggested filing the cross-complaint or the client insisted that counsel file the cross-complaint, it tells me two things about this case.  First, counsel has no client control if he/she's unable to dissuade the client from filing a frivolous pleading.  And by not discouraging the client from filing the cross-complaint, counsel may be content to allow the client to run up attorney fees with a frivolous pleading.  Second, whatever shortsighted benefit they hoped to achieve by filing the cross-complaint may ultimately be undone when the court considers punitive damages because the frivolous cross-complaint will be strong evidence of a pattern of malicious behavior meant to intimidate.   If the court awards punitive damages and cites the filing of the cross-complaint as one of many reasons, and it turns out it was counsel's advice to file the cross-complaint, a malpractice action may not be far behind.
Just my opinion.

Offline brkingsolver

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #677 on: February 11, 2018, 09:45:58 AM »
Just an FYI for folks -- this has nothing to do with the legal issues in question, but I do have first-hand knowledge of some of the legal terminology and the workings of the California courts.

My brother and I are involved in a legal situation in California that has so far cost us almost $50,000 to defend against a host of frivolous filings and motions. We have won an anti-SLAPP motion, and the judge awarded us $3,000. He also awarded us $500 for the other side failing to respond on time. That's $3,500 to repay us for $50K in costs, and our lawyer tells us that we will probably have to take the other side back to court if we ever want to collect. That would probably cost more than we would collect.

Make no mistake, the U.S. court systems are set up to make money for the lawyers.

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Offline Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #678 on: February 11, 2018, 10:10:14 AM »
Just an FYI for folks -- this has nothing to do with the legal issues in question, but I do have first-hand knowledge of some of the legal terminology and the workings of the California courts.

My brother and I are involved in a legal situation in California that has so far cost us almost $50,000 to defend against a host of frivolous filings and motions. We have won an anti-SLAPP motion, and the judge awarded us $3,000. He also awarded us $500 for the other side failing to respond on time. That's $3,500 to repay us for $50K in costs, and our lawyer tells us that we will probably have to take the other side back to court if we ever want to collect. That would probably cost more than we would collect.

Make no mistake, the U.S. court systems are set up to make money for the lawyers.


 :o :o :o :o :o

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Offline HopelessFanatic

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #679 on: February 11, 2018, 10:40:51 AM »
Just an FYI for folks -- this has nothing to do with the legal issues in question, but I do have first-hand knowledge of some of the legal terminology and the workings of the California courts.

My brother and I are involved in a legal situation in California that has so far cost us almost $50,000 to defend against a host of frivolous filings and motions. We have won an anti-SLAPP motion, and the judge awarded us $3,000. He also awarded us $500 for the other side failing to respond on time. That's $3,500 to repay us for $50K in costs, and our lawyer tells us that we will probably have to take the other side back to court if we ever want to collect. That would probably cost more than we would collect.

Make no mistake, the U.S. court systems are set up to make money for the lawyers.

How freaking awful! Not having protection from someone filing frivolous motions is scary. Means anyone with the means to fund a campaign against anyone they want can do so. They don't have to win to destroy their "opponent". They just have to throw money at a lawyer.

I mean, it's not like this is news, but if even an anti-SLAPP isn't really protection, either, I can't help but wonder if anything is. Guess I shouldn't anger anyone with deep pockets.  :-X

Offline HopelessFanatic

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #680 on: February 11, 2018, 11:43:23 AM »
There's been something bugging me about the case. If this is off-topic or inappropriate, I apologize and please delete.

Does anyone know when Amazon actually changed the TOS in regards to multi-author box sets? I'm pretty sure it was before December 2016, but wasn't widely known until sets began being taken down. I'd think ignorance of the TOS wouldn't be a defense, especially for a publisher.

I do find the strategy tactic changing with Susan to be a bit telling. It's possible that the cross-complaints are being used to refine legal strategy as things go on.

If these cross-complaints are an intimidation strategy, it's had an opposite effect on some people. Some who have stood back or even supported RH in the past no longer do. It's unlikely to be a comfort for those involved, but there comes a point when words no longer match actions and the benefit of doubt is gone.

I'm sorry for those involved.

Offline PhoenixS

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #681 on: February 11, 2018, 01:24:13 PM »

Does anyone know when Amazon actually changed the TOS in regards to multi-author box sets? I'm pretty sure it was before December 2016, but wasn't widely known until sets began being taken down. I'd think ignorance of the TOS wouldn't be a defense, especially for a publisher.

That language is there at least as far back as Sept 6, 2015. I'm assuming posting a publicly available image of the Amazon T&Cs is OK in this thread. This is a screenshot from that date captured from the Wayback Machine (archive.org). (ETA: clicking the image will enbiggen it.)


« Last Edit: February 11, 2018, 01:26:15 PM by PhoenixS »

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #682 on: February 11, 2018, 01:51:05 PM »
I'm assuming posting a publicly available image of the Amazon T&Cs is OK in this thread.

Seems okay to me, but let's allow Phoenix's answer to be the last word on the matter, lest the thread get sidetracked.

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #683 on: February 11, 2018, 05:09:46 PM »
Dropped another nickle in the kitty, via PP. Whatever I have left after my trip to Miami next Thursday, I'll split between yours and Christina's fundraisers.

Thanks Wayne. I appreciate it. Enjoy the warm weather. Sometimes I miss it (like today, 5-6 inches last night). Spent over 40 years in central Florida. Not much of a Miami person, though. Love the keys, crystal River, Tampa Bay. Saint Johns. Boaters? Ah-yep. Traded my fishin rods for white tail and a crossbow 10 years ago. Lolol
« Last Edit: February 11, 2018, 05:11:48 PM by Susan Stec »

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #684 on: February 11, 2018, 05:25:15 PM »
Seems okay to me, but let's allow Phoenix's answer to be the last word on the matter, lest the thread get sidetracked.

Thanks you, Becca.

Had a sister day today and missed a bunch -  big thanks for all the  eye openers. Wish I could say more.

Offline Wayne Stinnett

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #685 on: February 11, 2018, 06:29:05 PM »
Thanks Wayne. I appreciate it. Enjoy the warm weather. Sometimes I miss it (like today, 5-6 inches last night). Spent over 40 years in central Florida. Not much of a Miami person, though. Love the keys, crystal River, Tampa Bay. Saint Johns. Boaters? Ah-yep. Traded my fishin rods for white tail and a crossbow 10 years ago. Lolol

Happy to help. This is a lot bigger than any one of us and will impact how indie business is conducted in the future.

I'm not big on Miami either. But it's the biggest boat show of the year. And boaters are my target audience. And the official launch of my radio network (I own 5K shares) will be at the boat show on Saturday. I'm being interviewed live, along with my friend Eric Stone, who just recorded a song about my books. So, it's a business trip, albeit a fun one.
NINC President-Elect. My Amazon Bestselling, twelve-volume Jesse McDermitt Series and the spinoff,  three-volume Charity Styles Series, also Amazon Bestsellers, are available in ebook, audiobook, and paperback, with many more exciting adventures to come. In my motivational non-fiction, Blue Collar to No Collar, I provide tips, advice, and strategies for new authors, and is also available in the same formats. Don't forget to visit the Ship's Store for Jesse McDermitt swag.
Semper Fi,
Wayne Stinnett | Website | Blog | Facebook | Twitter | Amazon Author Page | Motivational Videos | Down Island Press | Ship's Store Swag

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #686 on: February 11, 2018, 10:46:30 PM »
Happy to help. This is a lot bigger than any one of us and will impact how indie business is conducted in the future.

I'm not big on Miami either. But it's the biggest boat show of the year. And boaters are my target audience. And the official launch of my radio network (I own 5K shares) will be at the boat show on Saturday. I'm being interviewed live, along with my friend Eric Stone, who just recorded a song about my books. So, it's a business trip, albeit a fun one.

Ah, yes the Miami boat show. Been there many times... as a dreamer.  Good luck with your interview. 

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #687 on: February 12, 2018, 08:27:30 AM »
Put in another hundred, Susan. Best of luck, and Im so sorry this has happened.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #688 on: February 12, 2018, 09:18:21 AM »
Put in another hundred, Susan. Best of luck, and Im so sorry this has happened.
. Thank you so much.

I will update everyone as soon as I can.

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #689 on: February 13, 2018, 04:43:52 PM »
Emailed my lawyer this morning with answers to his requests. Our response should be public on Friday. Feel free to post it here, discuss it, share it. None of us likes personal becoming public, but it is what it is. I’m good with that.

Haven’t received additional charges for this quash - will update as soon as know. I  appreciate the continued support. And when my part is over, any unused portion will be put back in the fold.


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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #690 on: February 13, 2018, 05:19:14 PM »
I'm just catching up. I'm sorry to see so many indies being dragged into this. Makes my stomach churn. I wish I could help financially! *hugs*

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Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #691 on: February 13, 2018, 06:27:36 PM »
I'm just catching up. I'm sorry to see so many indies being dragged into this. Makes my stomach churn. I wish I could help financially! *hugs*

The kind words are appreciated. Its good to know others out there care. Ill accept that hug, and return it.

Offline elizabethbarone

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #692 on: February 15, 2018, 02:48:35 PM »
The kind words are appreciated. Its good to know others out there care. Ill accept that hug, and return it.

<333

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #693 on: February 16, 2018, 07:41:19 AM »
Ill be putting up our response to their quash sometime today.  But Id like to wait until Im sure my lawyer has presented it to the court. Its in two parts.

Offline Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #694 on: February 16, 2018, 07:58:05 AM »
Ill be putting up our response to their quash sometime today.  But Id like to wait until Im sure my lawyer has presented it to the court. Its in two parts.

Will look forward to seeing this next installment.

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Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #695 on: February 16, 2018, 07:08:27 PM »
Sorry guys, I was told not to post the response here until it is either rulled on by the judge or public record. I have decided to err on the side of caution. Our hearing is scheduled for the 26th, and I will post it then or sooner if the judge rules on it.

Offline Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #696 on: February 16, 2018, 11:30:43 PM »
Sorry guys, I was told not to post the response here until it is either rulled on by the judge or public record. I have decided to err on the side of caution. Our hearing is scheduled for the 26th, and I will post it then or sooner if the judge rules on it.

Have diarised the 26th  :)

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