JBS and frivolous lawsuits
J.B.S.
I am unaware of laws that protect you from frivolous lawsuits.
I am currently invloved in one, absolutely no fault of mine.
Can you expand on your statement ?
Illinois.
R
I would like to see someone produce an example where this type of certification language caused them harm.
You’re welcome JB.
To understand the process lets one make informed decisions instead of reactions based on hearsay.
Next time I’m in SLC the first one’s on me… do they still make Polygamy Porter?
You know one’s not enough or something like that is the motto on the label.
> You’re welcome JB.
> To understand the process lets one make informed decisions instead of reactions based on hearsay.
Oh, Mike... Uninformed knee-jerk reactions are a lot more fun! Keeps life exciting when you're on constant defense... ;o)
> Next time I’m in SLC the first one’s on me… do they still make Polygamy Porter?
> You know one’s not enough or something like that is the motto on the label.
Oh, yea. They still make it. Pretty darn good Porter, too.
Not to be outdone, of course, by your own Shiner Black Lager!
While we're at it, can't forget the St. Provo Girl for all those Pilsner fans...
Don't forget to make that call next time you're in SLC, Mike.
;o)
JBS
These problems are resolved by an out-of-court settlement where the surveyor does not admit a 'mistake' but pays anyway.
Richard Schaut
JBS and frivolous lawsuits
> J.B.S.
>
> I am unaware of laws that protect you from frivolous lawsuits. I am currently involved in one, absolutely no fault of mine. Can you expand on your statement ?
>
The law can't protect you from being sued, but it can, when a frivolous lawsuit is made, require the plaintiff to pay for all of your costs and attorney's fees. It requires a counter-suit filed against the plaintiff and the matter to be raised in your defense. If the court agrees, they'll hit the plaintiff hard for wasting not only your time, but the court's time as well.
JBS
JBS and frivolous lawsuits
Also, can't your attorney file a motion for summary judgment and the court can throw out an obviously frivolous lawsuit before it actually gets to trial? As I understand it, the attorneys would have to go as far as filing briefs for the court to review to get to that point. T or F?
I don't know Richard. Isn't it expensive to defend a battle that you're going to lose anyway?
Making them prove it isn't going to add much effort of expense overall. attempting to dis-prove would be expensive.
When I was freshly licensed back in the 80's I was a real stickler about certifications, now I am just cautious, but not quite the stickler some are. You cannot waive your liability...period!
JBS and frivolous lawsuits
> Also, can't your attorney file a motion for summary judgment and the court can throw out an obviously frivolous lawsuit before it actually gets to trial? As I understand it, the attorneys would have to go as far as filing briefs for the court to review to get to that point. T or F?
T.
However, throwing the case out and getting your money back for defending yourself against a frivolous lawsuit are two different things. One you stop cutting checks, the other you get money back for the checks you already cut.
JBS
"What difference does it make who the survey is certified to? ...... The identity of any future parties involved in the property has no bearing on the standard used to conduct the survey."
We need to look at this not only as a liability issue, but a profit issue.
By saying "successors and/or assigns" we are allowing future parties (who we don't know and can't predict) to have use of our survey for free. Shouldn't new buyers and lenders have to come back to us?
