Litigation is Exhausting!
By Jeff Moffitt
@moffittjc (128831)
Gainesville, Florida
January 11, 2016 6:57pm CST
I'm not an attorney, but I play one in real life!
Haha, just kidding, but I did have to spend all day today (8 hours) in meetings with attorneys from two parties who are in disagreement about who is at fault for a defective product our organization purchased 7 years ago. The product came with a 10-year warranty, and since we've only gotten seven useful years out of this product, we are trying to make a warranty claim. The company is trying to state that the issues at hand are not things covered under the warranty.
I will have to say, both parties have come to the table in the spirit of cooperation in the hopes to avoid legal action by either party. Although there are differences of opinion, and the gap is wide in the effort to find compromise, both sides ended the day with progress and heading in the right direction.
Although it was exhausting, it made me feel good to know that in a society where people will sue for anything and everything, there are still people (and attorneys) left in this world who will try to work things out without having to pursue lawsuits.
Who knows, in the end we may not be able to reach consensus, and we may pursue legal action anyway, but at least everybody is present at the table to try and work things out.
Have you ever been in a situation where you tried to avoid litigation, or ended up having to go to court do to an inability to find resolution?
24 people like this
21 responses
@fishtiger58 (29819)
• Momence, Illinois
12 Jan 16
nope never, I hope you can come to a good result.
3 people like this
@moffittjc (128831)
• Gainesville, Florida
12 Jan 16
Although anything can happen at this point, I think we are headed in a positive direction. I'm optimistic by nature, but I really think this will work out to be a win-win for everyone. And we're talking about something that costs several hundred thousand dollars, so it is in everyone's best interest to work out a solution.
2 people like this
@moffittjc (128831)
• Gainesville, Florida
12 Jan 16
@fishtiger58 Exactly! Which is why we were pushing for a warranty claim, and the company was pushing for it NOT to be a warranty claim. In the end I think we are just going to split the difference between the replacement value of the product.
2 people like this
@fishtiger58 (29819)
• Momence, Illinois
12 Jan 16
@moffittjc wow that's a ton of money. Yup they need to do something it's still under warranty.
1 person likes this
@Morleyhunt (21741)
• Canada
12 Jan 16
When I owned my own business I had a few people, over the course of twelve years, threaten to sue me.
The first one, was very much a he said, she said and before I would even approach them ( they were very confrontational and rude) I had a verbal consult with a friend who is an attorney. He told me to stand firm and if it did go to court (it didn't) he would coach me on how to respond.
3 people like this
@moffittjc (128831)
• Gainesville, Florida
12 Jan 16
Did you ever end up going to court?
1 person likes this
@pgiblett (6524)
• Canada
12 Jan 16
@moffittjc That is the problem the costs can easily outweigh the amount involved.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
@pgiblett In the end, it's all about the money! Either figuring out how to get more of it, or figuring out how not to spend it all! lol
1 person likes this
@Hatley (163772)
• Garden Grove, California
12 Jan 16
yes it took wo years and a fi nal hearing wth a federal j udge to
convince S ocial securit that ssi had not over paid me and i did not owe them one damned cent. so it aged me a lot and im al ready \89 so my age did not seem to matter to ?Social security at all they wanted a scape goat b ut the judge threw it out and overruled all the charges thank G od for that
2 people like this
@moffittjc (128831)
• Gainesville, Florida
12 Jan 16
Wow, thankfully it ended up with a decision that benefited you! (or at least didn't hurt you). Did you have to pay an attorney to fight your case?
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Hopefully common sense will prevail in this situation. Compromise is so much cheaper than a full-on lawsuit in a court of law.
2 people like this
@VivaLaDani13 (60812)
• Perth, Australia
18 Nov 17
@moffittjc ....I once had to write to court to get out of a fine for not having a train ticket lol Does that count?
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
20 Nov 17
You bad girl you! Trying to ride the train without a ticket! Shame on you! They should throw you in the slammer and lock you up and throw away the key! hahaha
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
22 Nov 17
@VivaLaDani13 He seriously gave you a fine after that explanation? Especially when you showed him a photo of the broken ticket machine? That's horrible.
1 person likes this
@VivaLaDani13 (60812)
• Perth, Australia
21 Nov 17
@moffittjc 
It wasn't my fault! 
ok so I get on the bus....and I buy the ticket that gets me to go to the train station. I get to the train station and the ticket machine is down. 
Can't use it. So I take a photo...get on the train, reached my destination, soon as I saw the guard I told him the story, showed him the photo and explained that I will buy a ticket now from a working machine.
He said to me "You could have bought the "All Day" ticket on the bus." I said "I would have if I had known the ticket machine was going to be broken but I didn't."
Long story short, he gave me a $150 fine...I wrote to court with evidence and I won. So suck my butt train guard! 
It wasn't my fault!
ok so I get on the bus....and I buy the ticket that gets me to go to the train station. I get to the train station and the ticket machine is down. Can't use it. So I take a photo...get on the train, reached my destination, soon as I saw the guard I told him the story, showed him the photo and explained that I will buy a ticket now from a working machine.
He said to me "You could have bought the "All Day" ticket on the bus." I said "I would have if I had known the ticket machine was going to be broken but I didn't."
Long story short, he gave me a $150 fine...I wrote to court with evidence and I won. So suck my butt train guard! 1 person likes this
@cttolledo (5459)
• Legaspi, Philippines
18 Nov 17
Many times, I am not an attorney also but I am part of legal department in our office. Actually, most of the lawyers is always open for negotiations because ligitation is a long process, it will cause stress to the parties and too much work to the lawyers.
1 person likes this
@iamshane487 (1138)
• Manila, Philippines
12 Jan 16
In my country, there are many lawyers that keep on bribing and poor people can't barely find justice. The justice here is only for rich personages.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
12 Jan 16
It's sad to hear that so much unethical practices (like bribery) exist in the world. The United States is not immune by any means, but it is the exception rather than the rule. Most people here operate with honesty and integrity.
2 people like this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
@pgiblett But sadly, so many people throughout the world have to face bribery situations on a daily basis, even to complete simple basic daily tasks.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Let's just hope we keep making progress. I'd hate to see us come to an impasse. Although things still seem to be heading in the right direction.
1 person likes this
@Marilynda1225 (91035)
• United States
12 Jan 16
Hope things are able to be worked out without having to go to court. Nope I've been lucky that I've never had to resort to court proceedings to remedy a situation.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
I have a feeling that there will be offers and counteroffers, and some haggling for a little while, but in the end we'll get everything figured out.
@JamesHxstatic (29410)
• Eugene, Oregon
12 Jan 16
Fortunately, I never have, though I worked for years in the title insurance business which is a very litigious area.
1 person likes this
@pgiblett (6524)
• Canada
12 Jan 16
Yes it is but insurance companies also know the value of a negotiated settlement and prefer that route.
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
My buddy works for an insurance company, and he says that often times the insurance companies are in cahoots with the attorneys! He said they all know how to play the game with each other!
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
@pgiblett Don't forget that insurance companies also have lawyers working on their side too! But you're right, they definitely know the value of a negotiated settlement!
1 person likes this
@nanette64 (20363)
• Fairfield, Texas
12 Jan 16
I'm a stinker for detail so the 2 cases that I had were done out of court because I had so much evidence that the 2 companies that were hesitant in the beginning said, "Oh crap" and paid @moffittjc .
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
That is definitely the key in any situation like this. Documentation, documentation, documentation. We have been keeping super detailed records, observations, photos, etc. We're well prepared for this.
1 person likes this
@ElizabethWallace (12069)
• United States
12 Jan 16
Yes. This has happened to me a couple of times. I won each. Once it was a very big deal, as we made case law. Now everyone who wins in a case against a subcontractor who has done them wrong can be awarded punitive damages, if it is egregious.
@moffittjc (128831)
• Gainesville, Florida
14 Jan 16
@ElizabethWallace Just reading your comment was exhausting! lol Glad to see you prevailed on the cases you won! And at least didn't lose on the cases you settled!
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Wow! A couple of times? Most people hope to never have to go through that even once! lol
1 person likes this
@ElizabethWallace (12069)
• United States
13 Jan 16
@moffittjc One was a huge case involving several homeowners and fifty people/businesses we sued. (won) Another was suing a travel agent who cheated us (school group) out of money (won). Then there were two times I had to sue to get people to give me money they owed me (settled). Very exhausting.
@JESSY3236 (22234)
• United States
12 Jan 16
I was never in that situation. But I did study litigation when I was getting my paralegal degree. Mediators are great. They will work out disagreements so you don't have to go trial.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
That's what we're hoping, that through mediation we can come to terms of agreement.
@pgiblett (6524)
• Canada
12 Jan 16
I am a both qualified as a lawyer and mediator. I have been involved with a few business disputes and ultimately it comes down to the people involved - get them talking on the same wavelength and it is possible to find solutions. If anyone digs their heels in then the courtroom is the only route and then more often than not both parties lose.
@pgiblett (6524)
• Canada
13 Jan 16
@moffittjc if they are genuinely interested in reaching an agreement then you need to isolate the differences and seek to resolve those.
@moffittjc (128831)
• Gainesville, Florida
14 Jan 16
@pgiblett We're negotiating now on how to split the cost of replacement. Determining what percentage each will pay.
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
We seem to all be on the same wavelength so far. From what I've seen, it does appear everyone is genuinely interested in reaching a mutual agreement.
1 person likes this
@garymarsh6 (23978)
• United Kingdom
12 Jan 16
I nearly went to court over a RTA but the other party conceded the day before the court hearing. They lied and when I produced witnesses they backed down. I got my money back from the accident.
@moffittjc (128831)
• Gainesville, Florida
14 Jan 16
@garymarsh6 Thank you! Makes perfect sense now!
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
I'm not familiar with what an RTA is. Can you elaborate?
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Well, I guess that's a good thing, right? I would think settling would be more desirable than proceeding to trial!
1 person likes this
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
@TheHorse Much less labor-intensive! And when both sides settle, no one comes out as a loser. That itself can be a big incentive to reach a settlement!
@DianneN (254949)
• United States
12 Jan 16
My hubby went to small claims court years ago and won. He also served as an expert witness for a school system's due process hearing. Both my son and daughter-in-law are attorneys, and very calm, cool, and reasonable in dealing with problems even in day to day life. No, I have never been litigated and am happy to say so.
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Well, at least you have a couple of reputable attorneys you can call upon if necessary! lol
1 person likes this
@cintol (11261)
• United States
12 Jan 16
No, but I had to go through a deposition once and it was awful. They kept trying to slip me up and put words in my mouth to change my story. Wasn't happening though, I finally got mad and walked out. Good luck with your fight on the warranty.
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
I had to give a deposition once when I was in college, and it was the same situation. The lawyers kept trying to put words in my mouth and/or get me to trip up on my statement. I held my ground and stood firm on my story. They couldn't shake me.
@Dena91 (17029)
• United States
12 Jan 16
Never been in a situation such as that. It is good to know that both parties are trying to come to some sort of resolution that will make everyone satisfied. Wishing you well as they continue to work on it.
@moffittjc (128831)
• Gainesville, Florida
13 Jan 16
Thank you! I've given all my input and expert testimony. It's now up to the attorneys and mediators to take it from there.
1 person likes this
