Path: rambo.bobo.net!xs4all!xs4all!newsfeed.wirehub.nl!newsfeed.berkeley.edu!newsfeed.concentric.net!207.155.183.80.MISMATCH!global-news-master From: inFormer@informer.org (Rev Dennis Erlich) Newsgroups: alt.religion.scientology Subject: Re: Erlich vs Co$: The Clams Back Off Date: 21 Dec 1998 17:29:25 PST Organization: inFormer Ministry [a 501(c)3 non-profit, religious organization] "... in service of cult victims and their families." Lines: 32 Message-ID: <367ef316.7875439@news.concentric.net> References: <367e6c23.33295240@news.snafu.de> <3680f3be.6502254@news.concentric.net> <367d4883.3869746@enews.newsguy.com> Reply-To: informer@informer.org NNTP-Posting-Host: ts037d42.lax-ca.concentric.net Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Newsreader: Forte Agent 1.5/32.451 X-No-Archive: yes Xref: rambo.bobo.net alt.religion.scientology:157442 Scott Goehring : >In the US, the award of attorney fees to a successful defendant is >sufficiently extraordinary that the fact that MoFo took the case pro >bono won't likely factor into it. An award of fees to the defendant >is more or less a sanction levied by the court on the plaintiff for >bringing a case it knew or reasonably should have known it could not >win. (If the plaintiff knew it could not win, and brought the suit >anyway, the plaintiff and/or his attorneys are sanctionable under Rule >11, and a countersuit for malicious prosecution or abuse of process is >not out of the question.) I expect it. >Also, it serves the public interest to reward firms that take cases >pro bono (especially when defending) by allowing them fees in the >event they win. MoFo will be donating any fees collected, to further other pro bono litigation. Their hard costs may come out of my settlement, unless awarded by the court. In any event I am obligated to see to it that MoFo is paid back the $100k+ they've spent on copying, flights, accommodations, depositions, etc. That is the expense the Dennis Erlich Defense fund at Morrison & Foerster was set up to defray. Rev Dennis Erlich * * the inFormer * *