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  1. #1

    Post Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Florida

    Looking for an attorney to counter-litigate 8:17-cv-1522-T-33MAP Middle District of Florida.

    Case summary:

    Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).
    Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was disabled upon separation, so no user authentication or data exchange ever took place. Former employer saw login attempts (from the automated sync service) and filed a Federal court complaint, accusing me of hacking (!) and electronic fraud.

    I had retained competent Federal attorney and employer dropped the case. I had spent $40K in legal fees defending myself. I also have the device in my possession.

    I'm looking for a capable attorney to counter litigate ON CONTINGENCY BASIS ONLY. The defendant is a public company based in Sarasota FL. They had perjured themselves by filing knowingly false claims to Federal Court. Elements of Prejudice and Aggravating Factors are present. They would realistically settle after 3-6 months, in my estimation. The case proves their culpability and would potentially damage their reputation, regulatory compliance failure, as well as perjury on Federal Court.

    Please reach out to me directly. Thanks and regards.

  2. #2
    Join Date
    Sep 2010

    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

    We don't make lawyer referrals here. There are legal referral sites including clicking LAWYERS on the top of this site's home page.
    Most of the forum people are NOT attorneys and can only give basic legal information.

    Did you ask any of these questions to the attorney who handled your defense? I suspect he told you there was no likelihood you'd prevail in the action you are proposing. You'll not get an attorney to take on a baseless suit on contingent fee basis. They want some possibility they will get paid.

    Unfortunately, you can't sue get damages for statements made in court filings. This won't be a libel action. Making false claims to a federal court may be actionable by the government, but not for you. You aren't going to recover legal fees from the previous action in a separate suit. You applied for sanctions before so that's a decided deal. Besides, it's hard to prove they knowingly made false statements. Just because they asserted something that wasn't true doesn't make it actionable. Filing a lawsuit just to just make someone settle rather than litigate without a valid claim is likely to backfire on you badly (it's called malicious prosecution).

    I've pulled down the documents for the original suit. (RECAP users will find most of the interesting parts there now).

    It appears they knew it was likely you even though they John Doe'd you originally, on the possibility that it was someone other than you trying to login using your old ID. The subpoena of the phone records ended that.

    In order to show Malicious Prosecution yourself, you need to prove THREE things. First, that they had no reasonable grounds to believe they had a basis. It would appear that the failed attempts to access the service suffice to show grounds and your attempts to fail to dimiss the claim for not meeting 18 USC 1030 indicate you likely have no case there. You also have to show they had a motive other than getting a judgment against you. You also MOST IMPORTANTLY have to show you prevailed in the suit against you. None of these seem to have been met.

    Oh, and by the way. Forums not only lack privilege that communications with your attorney would have, but they are also essentially publication. By posting the identifiable details, you make any statements you make here available for potential libel or other actions.

  3. #3
    Join Date
    Jul 2018

    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

  4. #4
    Join Date
    Sep 2010

    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

    Doesn't say anything I didn't already know. (And TM also espoused issues on the duplicate thread on this one).

    The company is probably off-base in the long run, but the poster here probably has missed the boat about doing anything on this (and I'm doubtful if he had a claim to begin with).

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