K
KurtBJC
Audioholic
Hey, Patrick: excellent rebuttal work on your part.
Let me point out something which I learned early in my practice of law. First, despite what people will often tell you, litigation rarely is in the "shades of grey" sort of thing; usually one side is plainly right, and the other is plainly wrong. Anybody skilled in litigation, therefore, knows that if he's right, the objective is to simplify and clarify the facts so that the correctness of his position can be readily understood.
The flip side, of course, is that if you're wrong, confusion is your friend. It's a good idea, if you're wrong and you have to explain yourself, to barf out sixteen pages of largely irrelevant material in the hopes of confusing the reader. This asinine document you have received is the horrible screech of a lawsuit that has gone so badly for its instigator that there is nothing left to do but try to befuddle everyone familiar with it to the point that they'll throw up their hands and say, "I dunno. Monster Cable could be right, I guess. I'm no lawyer." Bear in mind that in this rhetorical battle, your job is to fight needless complexity with clear, simple and correct facts and argument. You have obviously made them squeal in pain; this document is a desperate last-ditch effort to justify the unjustifiable, and when this does not work they will have to face the fact that they're going to lose this litigation. They need to file for a voluntary dismissal because it's the best result they're likely to get.
Keep up the pressure. Bullies may not always be cowards, as I was so often told when I was a kid, but they do understand what it means to have someone punch back.
Kurt
Blue Jeans Cable
Let me point out something which I learned early in my practice of law. First, despite what people will often tell you, litigation rarely is in the "shades of grey" sort of thing; usually one side is plainly right, and the other is plainly wrong. Anybody skilled in litigation, therefore, knows that if he's right, the objective is to simplify and clarify the facts so that the correctness of his position can be readily understood.
The flip side, of course, is that if you're wrong, confusion is your friend. It's a good idea, if you're wrong and you have to explain yourself, to barf out sixteen pages of largely irrelevant material in the hopes of confusing the reader. This asinine document you have received is the horrible screech of a lawsuit that has gone so badly for its instigator that there is nothing left to do but try to befuddle everyone familiar with it to the point that they'll throw up their hands and say, "I dunno. Monster Cable could be right, I guess. I'm no lawyer." Bear in mind that in this rhetorical battle, your job is to fight needless complexity with clear, simple and correct facts and argument. You have obviously made them squeal in pain; this document is a desperate last-ditch effort to justify the unjustifiable, and when this does not work they will have to face the fact that they're going to lose this litigation. They need to file for a voluntary dismissal because it's the best result they're likely to get.
Keep up the pressure. Bullies may not always be cowards, as I was so often told when I was a kid, but they do understand what it means to have someone punch back.
Kurt
Blue Jeans Cable