California Case Update

Status
Not open for further replies.
I am really angry with IB. They have already made a nice piece of software(vb3) a crap box and now creating hurdles for jewel makers(Kier and Mike).
 
Plaintiff filed first in English courts, then filed a virtually identical lawsuit in the United States.
Click to expand...

IMHO, this case should be completely dismissed in the United States and handled in the U.K. courts only.
 
AdamD said:
Would having insurance cover those costs? or does it only cover a small amount of it?
Click to expand...
Not even close. Insurance is a small pie. So, whatever you spend - like on lawsuits, aren't covered.

Let's put it this way:

You spent $400,000 and you lost $250,000 and then some more, the insurance will only cover: $50,000.

So, this lawsuit is hurting xenForo, and their customers. Because the income from xenForo sales goes straight to this lawsuit. iB seems to think this is funny.
 
erich37 said:
IMHO, this case should be completely dismissed in the United States and handled in the U.K. courts only.
Click to expand...

It won't run in the UK. It can only run in California because they have a mad system where you can start a case without any evidence! That's WHY IB wiggled around to get the case started in California when they dont belong there!

Here in the UK they'd have to:
-- pay £100,000 into the Court FIRST - that's around $150,000. That's to show they can pat XF if they lose.
- demonstrate they have at least a basic case. As they haven't done that in 2 years of fffing about the UK system would laugh them out of the country. UK courts are pretty strict about wasting their time.

UK no. USA in California, yes but they have now messed up so badly it's just a short time until we get a judgement in court. XF will win, the only question really is how much IB will have to pay XF to cover their costs. But XF have an excellent lawyer who will have that covered tight.
 
The UK and US legal systems are very similar at the pleading stage. Neither one requires that the plaintiff present their evidence to the Court until very late in the process, so I'm afraid that the idea that the UK system would prevent a case from proceeding where the US system would allow it is simply not true.
 
Kier said:
The UK and US legal systems are very similar at the pleading stage. Neither one requires that the plaintiff present their evidence to the Court until very late in the process, so I'm afraid that the idea that the UK system would prevent a case from proceeding where the US system would allow it is simply not true.
Click to expand...

I think you just popped Morgain's bubble after her last post.

For now, it's just a waiting game until the 5th.
 
vVv said:
I'm no Ben Matlock, but I keep seeing people saying about if XF wins this case/lawsuit, then IB might fire one up in UK... Is that possible? I was always under impression, once a case/lawsuit has gone to trial and it's ruled on, and "over"... The Plaintiff/defendant can't do yet another trial else where, it's like slap to face to the first Judge's ruling, mocking the court/judge/etc. (Trialing the same people, for the same things twice - just in different Courts. )
Click to expand...

http://en.wikipedia.org/wiki/Res_judicata
 
Kier said:
The UK and US legal systems are very similar at the pleading stage. Neither one requires that the plaintiff present their evidence to the Court until very late in the process, so I'm afraid that the idea that the UK system would prevent a case from proceeding where the US system would allow it is simply not true.
Click to expand...

Kier dearest I know you're God but there have been any number of legal people (I don't mean good amateurs like me, but legal folks) who have repeatedly said that the UK system requires at least a basic, reasonable case to be lodged for a plaintiff to go forward. The distinction between the UK, (plus many of the USA States) being a sensible system, and California being wide open to IB style abuse, has been made repeatedly.
 
Status
Not open for further replies.
Top Bottom