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

    Duplicate thread. Answers over here in this one: https://www.expertlaw.com/forums/sho...d.php?t=244784

  3. #3
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    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

    Quote Quoting FL_Plaintiff
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    Please reach out to me directly. Thanks and regards.
    The federal court case your employer filed is done. Thus there would be no counter suit. Simply a lawsuit against the former employer, if you had grounds for a lawsuit. But what claim do you think you have? You aren't entitled to reimbursement of legal fees unless some statute provides for it or the complaint filed by the employer was frivolous. Either way, you needed to assert your claim to attorneys fees in that earlier case, not in a new action.

    As for perjury, that is a federal crime if it can be proven, but prosecutions for perjury are rather uncommon. There is no federal civil claim you can pursue against the employer for it. Nor have you stated any other federal claim here. Bear in mind that federal courts are courts of limited jurisdiction. In order to sue in federal court, you need to have a claim that is based on federal law (the Constitution, a federal statute, federal case law, etc), or the case involves a state law claim where damages exceed $75,000 and the plaintiff and defendant are residents of different states (known as diversity jurisdiction), or the defendant is the United States or one of its agencies or officers.

    Nor do I see anything that suggests a good state law claim either.

    Start calling some Florida civil litigation attorneys, present the facts you have, and see what they say. I think you'll find that there's nothing to sue for now unless there are significant facts you have not disclosed here. If you didn't move for attorneys fees in the prior case before it was done it is likely too late now to do anything about that. But in any event, you won't get lawyers contacting you off these message boards.

  4. #4
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    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

    Quote Quoting FL_Plaintiff
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    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.
    You always have the option of attempting suing your attorney for malpractice. Did he counter-claim a frivolous suit? Did he ask for attorney fees?

    https://www.everycrsreport.com/reports/94-970.html

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

    Quote Quoting budwad
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    You always have the option of attempting suing your attorney for malpractice. Did he counter-claim a frivolous suit?
    Well, technically it would be a motion for sanctions for filing a frivolous complaint pursuant to FRCP Rule 11 rather than a counter-claim. But if the employer's complaint was truly frivolous, that motion should have been filed at the outset and the OP would not have run up $40,000 in legal fees over this. So that suggests to me that the complaint, while ultimately not successful, was probably not truly frivolous.

    Quote Quoting budwad
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    Did he ask for attorney fees?
    Other than attorneys fees awarded as sanctions I'm not seeing a basis here for claiming attorney's fees. If there was no basis for seeking attorney's fees then the attorney should not ask for them. That itself might be frivolous.

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

    They had a motion for sanctions filed. I don't know if it got ruled on before the plaintiff did a voluntary withdrawal. Most of the orders on this case aren't scanned into PACER.

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

    Quote Quoting Taxing Matters
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    Well, technically it would be a motion for sanctions for filing a frivolous complaint pursuant to FRCP Rule 11 rather than a counter-claim. But if the employer's complaint was truly frivolous, that motion should have been filed at the outset and the OP would not have run up $40,000 in legal fees over this. So that suggests to me that the complaint, while ultimately not successful, was probably not truly frivolous.



    Other than attorneys fees awarded as sanctions I'm not seeing a basis here for claiming attorney's fees. If there was no basis for seeking attorney's fees then the attorney should not ask for them. That itself might be frivolous.
    I'm not questioning anything you posted. But it appears to me to be a set-up to punish OP through the courts.

    They terminate his employ and let him keep his company issued cell phone. When it (the cell phone) tries to update via an automated system they accuse him of hacking. Something stinks here.

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

    Quote Quoting budwad
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    I'm not questioning anything you posted. But it appears to me to be a set-up to punish OP through the courts.

    They terminate his employ and let him keep his company issued cell phone. When it (the cell phone) tries to update via an automated system they accuse him of hacking. Something stinks here.
    The problem is that (1) you are evidently accepting the OP's version of things as true when it may not be and (2) you don't know the employer's side of things. With all the facts and evidence known the situation may look very different.

  9. #9
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    Default Re: Looking for Help to Counter-Litigate 8:17-Cv-1522-T-33map Middle District of Flor

    I've read through the complaints and I'm pretty much guessing the company didn't realize the attempts to log in were automated syncing on the phone. What they have was the ID belonging to an ex-employee that was attempting to log in and failing. They John Doe'd the law suit originally until they could subpoena the phone records to confirm it was the ex-employee. Still they seem to have been swinging a pretty big hammer asserting more than $5000 in damage (that's the minimum amount of damages that has to be caused to invoke 18 USC 1030).

    However, while I cant see if one of the orders I can't download addresses the sanctions request, or they should have addressed that when the plaintiff moved to voluntarily withdraw.

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