Re: My lawsuit vs. a major retailer for slander.

I have consulted with couple of lawyers and it's not going well. One declined
to take the case. Another also declined because of heavy workload (supposedly).
A third one is currently "discussing" it with his partners and will let me know
in a week.

Since it doesn't look good, what should be my next option?

1) Seek another lawyer... SOMEONE will take it, right?
2) Call the retailer and threaten litigation (hopefully they'll settle?).
3) Forget the whole thing, never shop there again and tell friends/family not
to either.


U.S.A. "Go West Young Men..."

Mexico "El Norte Hombre..."

"DrPimpDadi" <drpimpdadi@cs.comBush4Oil> wrote in message
news:20030820201213.29543.00000308@mb-m24.news.cs.com... Re: My lawsuit vs. a major retailer for slander. I have consulted with couple of lawyers and it's not going well. One
declined to take the case. Another also declined because of heavy workload
(supposedly). A third one is currently "discussing" it with his partners and will let me
know in a week. Since it doesn't look good, what should be my next option?
3) Forget the whole thing, never shop there again and tell friends/family
not to either.

I am of the opinion that if an attorney declined the case, there isn't much
of one. That is my basis for voting for option 3.

In fact, rather than calling and telling the store you are going to sue, why
don't you try calling and telling them that you are going to tell everyone
how shoddy their service was. Maybe you'll get a gift card or something.

Roy

What's wrong with lawyers anyways? When there is a worthwhile cause, they
are not there. Too busy suing McDonalds and chasing ambulances?


"DrPimpDadi" <drpimpdadi@cs.comBush4Oil> wrote in message
news:20030820201213.29543.00000308@mb-m24.news.cs.com... Re: My lawsuit vs. a major retailer for slander. I have consulted with couple of lawyers and it's not going well. One
declined to take the case. Another also declined because of heavy workload
(supposedly). A third one is currently "discussing" it with his partners and will let me
know in a week. Since it doesn't look good, what should be my next option? 1) Seek another lawyer... SOMEONE will take it, right? 2) Call the retailer and threaten litigation (hopefully they'll settle?). 3) Forget the whole thing, never shop there again and tell friends/family
not to either. U.S.A. "Go West Young Men..." Mexico "El Norte Hombre..."

"roy" <royhandy@hotmail.com> wrote I am of the opinion that if an attorney declined the case, there isn't
much of one.

Nah; attorneys decline cases all the time, for all sorts of reasons having
nothing to do with the merits of the case itself. I looked for a lawyer for
two years on a case- took it to a number of people without success. I spoke
to two lawyers at the same time, and *both* took the case, as a team. Didn't
know one another before, but the case was within a specialty interest and
they took it.
There are all kinds of things you can do for effect- ranging from Small
Claims Court to picketing their property. You just have to decide what will
satisfy you, because it ain't over till *you* say it's over.

--
Chas
'It's Fighting, not Folkdancing!'
http://www.chasclements.com
http://www.kuntaosilat.net
http://www.kuntaosilat.com/silatknifefighting.htm

> What's wrong with lawyers anyways? When there is a worthwhile
cause, they are not there. Too busy suing McDonalds and chasing ambulances?

1. We on this group don't know the details of what happened, or
where it happened and the law governing things. It could be a
loser of a case once this is known.

2. Lawyers run their firms as businesses. If a case is unlikely
to make enough money to pay for itself (either through a low
probability of success or a likely small verdict), and doesn't
involve an area of interest to the attorney where he/she is
willing to handle it for less or nothing, they will usually
decline to take the case.

3. I take lots of cases that other lawyers have declined. We all
do. It depends on our evaluation of the case and our fiscal
model. For example, a solo attorney would take a case that a
large firm would reject immediately, and vice versa.

4. If you speak with a *lot* of lawyers of varying firm sizes and
experience, and they all decline to take the case, you probably
don't have a very good case.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** *************** What's wrong with lawyers anyways? When there is a worthwhile
cause, they are not there. Too busy suing McDonalds and chasing ambulances?

>1. We on this group don't know the details of what happened, orwhere it happened and the law governing things. It could be aloser of a case once this is known.

A more detailed description was posted on 8/16. Basically, what happened was I
was rudely accused of shoplifting in earshot of other shoppers and detained for
30 minutes (in the middle of the store continuously slandered) without any
proof. No police was ever called and was let go without any apology, just a
threat never to return. It's a major retailer (similar to Walgreen's) and its
located in CA.

2. Lawyers run their firms as businesses. If a case is unlikelyto make enough money to pay for itself (either through a lowprobability of success or a likely small verdict), and doesn'tinvolve an area of interest to the attorney where he/she iswilling to handle it for less or nothing, they will usuallydecline to take the case.3. I take lots of cases that other lawyers have declined. We alldo. It depends on our evaluation of the case and our fiscalmodel. For example, a solo attorney would take a case that alarge firm would reject immediately, and vice versa.4. If you speak with a *lot* of lawyers of varying firm sizes andexperience, and they all decline to take the case, you probablydon't have a very good case.

Well, this last lawyer said that his firm had a similar case, where a shopper
was falsely accused of stealing and won in court.

--Brett********************************************* ********************* Personal Injury/Malpractice Bankruptcy ** ** BRETT WEISS, P.C. ** Attorneys at Law ** Maryland, D.C. and Federal Bars ** lawyer@erols.com ** http://www.erols.com/lawyer ** ** Small Business Estates & Estate Planning ************************************************** ****************The Small Print: This response is for discussion purposes only.It isn't meant to be legal advice and you shouldn't treat it assuch. If you want legal advice, speak with a local lawyerfamiliar with your state's laws who can review *all* of the factsand the law applicable to your situation.**************************************** ************************* What's wrong with lawyers anyways? When there is a worthwhilecause, they are not there. Too busy suing McDonalds and chasing ambulances?



U.S.A. "Go West Young Men..."

Mexico "El Norte Hombre..."

>DrPimpDadi wrote
"A more detailed description was posted on 8/16. Basically, what happened was
I was rudely accused of shoplifting in earshot of other shoppers and detained
for 30 minutes (in the middle of the store continuously slandered) without any
proof. No police was ever called and was let go without any apology, just a
threat never to return. It's a major retailer (similar to Walgreen's) and its
located in CA."

So, what is your goal, an apology or scads of money... Termination of the
manager or just his admission he did you wrong ?? I completely understand your
anger over this, but a lawsuit is likely to take quite awhile and not likely to
be cheap. Tell us what would make you happy at this point.

Being it a "major retailer" have you written a letter describing in detail the
incident to the district management and the corportate office ?? Why not give
them the opportunity to "fix" it first, then if they cant accomodate you, then
consider a suit.

Most retailers are creatures of postive public relations. Its not uncommon for
a higher up in corportate to overturn a decision by a store manager in the name
of satisifaction, if its in their reasonable ability to do so.....

have a GREAT day
Chase

>So, what is your goal, an apology or scads of money... Termination of themanager or just his admission he did you wrong ??

All of the above. First and foremost.... firing of the manager and the
subordinate ***** who initiated this humiliating experience.... An apology....
and monetary compensation (not sure how much would be fair). I have seen
slander cases on TV, where plantiffs have gotten upwards of three grand.

I completely understandyouranger over this, but a lawsuit is likely to take quite awhile and not likelytobe cheap.

This is why I am only looking at contingency fee based attorneys. I don't
really mind the wait, hell, my car accident took almost two years to settle.
LTell us what would make you happy at this >point.

I really really want those two fired. The other employee was harsh too but he
was following the manager's lead.... oh heck, I want him gone too.

Being it a "major retailer" have you written a letter describing in detailtheincident to the district management and the corportate office ?? Why not givethem the opportunity to "fix" it first, then if they cant accomodate you,thenconsider a suit.

I have been advised not to, because it could jeopardize future litigation. If a
lawyer accepts the case, I'm sure he'll do those anyway. If none accept, then
I'll probably contact them.

Most retailers are creatures of postive public relations. Its not uncommonfora higher up in corportate to overturn a decision by a store manager in thenameof satisifaction, if its in their reasonable ability to do so.....

I doubt that I alone could get them to meet any of my wishes. They'll probably
just give them a slap on the wrist or just transfer them to another location.
But a letter from a lawyer will definately get their attention. Recently, I was
involved in an accident and without an attorney, I doubt I would've gotten the
5 figure settlement. I would've been happy just to get reimbursement for my
totalled vehicle. Hey, sometimes lawyers are very useful!






have a GREAT day Chase



U.S.A. "Go West Young Men..."

Mexico "El Norte Hombre..."

>DrPimpDadi wrote

"All of the above. First and foremost.... firing of the manager and the
subordinate ***** who initiated this humiliating experience.... An
apology....and monetary compensation (not sure how much would be fair). I have
seen slander cases on TV, where plantiffs have gotten upwards of three grand."

Thank you for such a fast response !!! First off, i am *not* an attorney, and
my experience with retail is ages old, but i can certainly sympathize to your
feelings of frustration for such idiotic treatment.
I really really want those two fired. The other employee was harsh too but he
was following the manager's lead.... oh heck, I want him gone too.

For a company to put a touch of "pressure" on a employee to apologize for doing
something as stupid as what they did to you is one thing, multiple firings
over an single event is, in my humble opinion, gonna take an attorney and a
huge fight. Ditto for a cash award. Otherwise, you'll be lucky to get a gift
certificate.

The other thought that i had in relation to your situation that i forgot, is
the question of witnesses. Do you have any witnesses willing to speak upon your
behalf (if its their 4 on your one, it maybe tough) and have you already
written yourself a detailed account of all the events that occured ?

If this gets dragged out for ages, memories may fade on both sides.... i think
its smart to have something that you can refer to when you need a "refresher"
come a potential trial. Plus, sadly, the larger the company, the more likely
they are to drag their feet to do anything.

Good Luck !!!!
Chase

>For a company to put a touch of "pressure" on a employee to apologize fordoingsomething as stupid as what they did to you is one thing, multiple firingsover an single event is, in my humble opinion, gonna take an attorney and ahuge fight.

Yes, this is exactly why I want represention. Apologizing won't do any good,
since there are regular folk who think I'm a shoplifter, simply for the fact
that they were in the store when the accusations were thrown at me.

Ditto for a cash award. Otherwise, you'll be lucky to get a giftcertificate.

Yeah, I would gladly take their firing over a paltry $20 GC.

The other thought that i had in relation to your situation that i forgot, isthe question of witnesses. Do you have any witnesses willing to speak uponyourbehalf (if its their 4 on your one, it maybe tough)

No, I do not have any witnesses. All I have is the security video, which will
clearly show that there were other shoppers within earshot of their slanderous
accusations.

and have you alreadywritten yourself a detailed account of all the events that occured ?

Yes. I thought after a week, I'd be over it or have forgotten details, but I
still remember it like it was yesterday. It was really a traumatic and
humiliating experience.
If this gets dragged out for ages, memories may fade on both sides.... ithinkits smart to have something that you can refer to when you need a "refresher"come a potential trial. Plus, sadly, the larger the company, the more likelythey are to drag their feet to do anything.

Yeah, I know firsthand. My last litigation involved a driver who totalled my
car and was 100% at-fault, yet his ins. co. refused to pay up and dragged their
feet for two years.... then just before judgement was to be entered, they
offered a settlement.



Good Luck !!!! Chase



U.S.A. "Go West Young Men..."

Mexico "El Norte Hombre..."