Posted On: 04/29/2014 4:48:42 PM
Post# of 5282
Joe: Thought you would find this post made by one of your admirers interesting. Should be easy to track down if the truth is being told.
Go TEVE!!!
kaymeyer Tuesday, 04/29/14 04:06:26 PM
Re: Tar sands post# 139496
Post # of 139507
As a retired commercial litigation/toxic tort attorney in Palm County, FL, I wouldn't be so sure that Christina has no case or that she would be unable to collect on a judgement. I have represented clients in situations with facts similar to those which Christina alleges and have had successful outcomes in many. A civil trial is much different than a criminal in that to find for the plaintiff the jury uses the preponderance of evidence standard or basis of probabilities in determining an outcome.
These cases also tend to draw the ire of the regulators as it is often a source of embarrassment for them so you can be confident that by the conclusion of the legal processes, if the company did operate a fraudulent scheme, misrepresented material facts, or violated the law, it will be brought to light.
Another interesting fact is that if material fraud is proven, not only can the plaintiff seek monetary damages through disgorgement and levies, the plaintiff may be able to recover from individuals in their personal capacity as well.
If Christina wishes to expend the resources necessary to pursue this matter it could prove to be an interesting case, however I somewhat doubt that this case would be something that very many legal professionals would touch on a contingency basis. I suspect all fees would be required to be prepaid.
Go TEVE!!!
kaymeyer Tuesday, 04/29/14 04:06:26 PM
Re: Tar sands post# 139496
Post # of 139507
As a retired commercial litigation/toxic tort attorney in Palm County, FL, I wouldn't be so sure that Christina has no case or that she would be unable to collect on a judgement. I have represented clients in situations with facts similar to those which Christina alleges and have had successful outcomes in many. A civil trial is much different than a criminal in that to find for the plaintiff the jury uses the preponderance of evidence standard or basis of probabilities in determining an outcome.
These cases also tend to draw the ire of the regulators as it is often a source of embarrassment for them so you can be confident that by the conclusion of the legal processes, if the company did operate a fraudulent scheme, misrepresented material facts, or violated the law, it will be brought to light.
Another interesting fact is that if material fraud is proven, not only can the plaintiff seek monetary damages through disgorgement and levies, the plaintiff may be able to recover from individuals in their personal capacity as well.
If Christina wishes to expend the resources necessary to pursue this matter it could prove to be an interesting case, however I somewhat doubt that this case would be something that very many legal professionals would touch on a contingency basis. I suspect all fees would be required to be prepaid.
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