View Single Post
Old 11-11-2010, 04:58 AM   #3
DealerLaw.com
Supporting Sponsor
 
Join Date: Jul 2010
Posts: 39
Default

Txflyer -- This has been the most frustrating aspect of this initiative. 789 Chrysler dealers were rejected . If you subtract the 32 that won at arbitration it leaves 757 dealers that are eligible to sue the US Treasury. I felt it would be easy to assemble a sizeable group of plaintiffs for this lawsuit. So I interviewed the top constitutional lawyers in the country to partner with me. The dilemna is that if we want the best chance of winning we can't expect the top lawyer's to work on a contingency. It's like asking a leading heart surgeon to operate for free and only get paid if the patient survives. My alternative was to find a less capable lawyer with limited experience in the Court of Federal Claims that would entertain a contingency arrangement. That is not a direction I would go despite the fact that all 757 would probably join. A case against the U.S. Government is the most labor intensive of all types of litigation as the U.S Dept of Justice has no budgetary limits and will defend the case vigorously. So if we are to sue the Gov't we need to maximize the chances of winning. Bottom line is I could not bring the top constitutional lawyers on board unless they were to get paid to cover their costs. I was able to work out a flat fee plus contingency hybrid with them, hence the $10,000 plus contingency arrangment. The reality is we need 75 dealers. We have 30 on board. it will either come together over the next few weeks or it won't. It would be a shame if it didn't as we feel strongly about the wrong that was committed. We are going to push to get this done.
DealerLaw.com is offline   Reply With Quote