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Old 01-31-2019, 05:02 PM
Senior Member
Join Date: May 2011
Posts: 122

Raysmith, I am truly sorry you have to go through this. However, we only know one side of the story. Litigation is never fun for anyone but the attorneys, which I am one.

However, I would like to say this. If my client posted a claim on a public forum I would want to strangle him. There are many reason for not posting such documents, one of which is a potential negative outcome in the litigation. If that occurs there could be potential legal exposure for such actions. Just ask Yellowfin how that worked out for them. Although a litigate may have some protection/immunity in making claims within a legal filing, those may not be present once that person begins to post those same allegations on a public website.

Second, as to Count II-Civil Theft. There is absolutely no way you can prevail on this claim as it is alleged. The allegations are about Barker Boatworks, LLC but mostly stress what Kevin Barker did or did not do. In fact, it is a verbatim of what was alleged in Count I. From a purely legal standpoint, Kevin Barker and Barker Boatwords, L.L.C. are two separate legal entities. In that Count, not once did you claim that Kevin Barker was in the course and scope of his employment with Barker Boatworks, L.L.C. when he participated in these actions and inactions. Thus, as written that claim will be summarily dismissed.

Finally, I would be really surprised if this thread is not removed.

Again, Raysmith, I wish you luck and hope you get whatever you are entitled to.

Also, nothing in my comments are legal advice, just my personal opinion.
redadele is offline