Ferrari Mailing List: Re: Lawyers.... No PPI in SF anymore

I'm not a lawyer although I've been responsible for a couple of legal 

research projects to defend project claims.  First and foremost in all cases 

is the question of "How much will it cost to defend ourselves?" compared to 

"What is our exposure?"   Unfortunately it's a numbers game.  If being sued 

for $10K for instance and the defense will cost $50K, then it's obvious a 

settlement is called for - even if the claim/suit if totally unjustified. 

Why spend $50K to save $10K?  Sure, some might do it on principle and I say, 

"More power to them!"    Besides, doing so just puts more money in the 

lawyers pockets.  Of course, they have house payments too.

I also participated in building a rebuttal to defend the US Gov against an 

$18MM claim for work done at a nuclear power station I was responsible for 

as Lead Planner.  They claimed we (and the weather, so God too) prevented 

them finishing their part of the project on time.  We proved (in our 

response papers - not in court) they never had enough equipment to finish 

when they promised to so I felt we'd proven our case pretty well.  I later 

learned the US Gov caved in and paid the claim - regardless of our strong 

position!  They said the publicity of a lawsuit would be negative!  Sheesh! 

Bad publicity is no reason to throw away nearly $20MM of the citizens money!

Anyway - to stop this kind of legal abuse I feel the only thing with a 

chance is to require the person bringing the lawsuit to pay the bills needed 

to defend the suit should they lose.  This will make someone bringing a suit 

*very* carefully consider when they're doing.  We even have convicts in 

prison filling suits and they clog the legal system with ridiculous 

lawsuits.

Of course it's a 2 edged sword - that kind of restriction may make people 

with genuine grievances think twice about seeking relief.

There's no easy answer I fear.

LarryT

OilAnalysis Time?
Looking for Weber Parts or Porsche Posters?
www.youroil.net

--------------------------------------------------
From: "philville dejazzd.com" <philville [at] dejazzd.com>
Sent: Thursday, December 17, 2009 9:43 AM
To: "Larry Turner" <l02turner [at] comcast.net>
Cc: "The FerrariList" <ferrari [at] ferrarilist.com>
Subject: [Ferrari] Lawyers....  No PPI  in SF anymore

  I have to believe that we have a few lawyers on this list, I want to
  thank them for the services that they do provide to us all,.....( now
  the other shoe ) I would also like to ask them to respond as to what
  we can do to stop the types of law suits that have actually brought
  many good things to a halt.

  I know that I am reluctant to do business with a lawyer who I do not
  know T least until I have had an opportunity to spend a little time
  with them on the phone or via e mail........I fear that part of the
  ptoblem is the old chicken and the egg routine.....as with used car
  salesman, some times the client is the problem

  Any opinions??

  Thanks, Phil
  ----- Original Message -----
  From: Misc <misc [at] 308systems.com>
  Date: Thursday, December 17, 2009 3:22 am
  Subject: RE: [Ferrari] No PPI  in SF anymore
  To: philville [at] dejazzd.com, Mark <misc [at] 308systems.com>
  Cc: The FerrariList <ferrari [at] ferrarilist.com>
  > Dang.
  >
  > What ever happened to civility and love thy neighbor as thyself?
  >
  > Wishfull thinking perhaps, especially in a land overpopulated
  > with (1)
  > lawyers, and (2) those who have no shame using them.
  >
  > Mark Lueker
  > 308 SYSTEMS Inc.
  > 970-282-7006
  > www.308systems.com
  >
  > -----Original Message-----
  > From: philville dejazzd.com [mailto:philville [at] dejazzd.com]
  > Sent: Wednesday, December 16, 2009 7:26 PM
  > To: Mark
  > Cc: The FerrariList
  > Subject: Re: [Ferrari] No PPI in SF anymore
  >
  >
  >
  >    I remember when Mike Sheehan first wrote this piece
  > in "05" and how it
  >    made my blood boil, it does so again two years
  > later.......I have seen
  >    and, been indirectly involved with legal issues
  > some of which should
  >    have been resolved with bare knuckles behind a bar
  > some where.....Once
  >    I was drawn into a law suit because of my position
  > with an authorized
  >    dealer that was truly ludicrous....a man, an
  > existing client of this
  >    same authorized dealer ( oh I forgot to mention, he
  > was a lawyer )
  >    sued because we would not  ( could not ) sell
  > him a Testarossa....we
  >    were already over our allocation in orders, need I
  > tell you, he won,
  >    Ferrari made a deal with him, the particulars of
  > which I have never
  >    known and of course it cost our agency some number
  > of dollars plus a
  >    future allocation...but then he was a lawyer. It
  > was not long after
  >    that that our company stopped selling at list
  > price....so, he won his
  >    point, entitlement includes the wealthy no matter
  > who loses....and in
  >    this case the enthusiasts lost.
  >
  >    About a year later I threw in the towel....probably
  > left a ton of
  >    money on the table but I can tell you I have never
  > regretted a minute
  >    of it....you can not imagine what some Ferrari
  > owners will do if they
  >    think some one might have made a profit or god
  > forbid didn't get their
  >    entitlement.
  >
  >    When called upon to perform a PPI, my first
  > disclaimer is that I will
  >    look at a car and tell you if I would buy it....if
  > you need a full
  >    mechanical PDI I can refer you to some other masochist.
  >
  >    Mike Sheehan and Bruce Trenery got it right when
  > they said " we would
  >    not be having this conversation if the market was
  > still going up"
  >
  >    The world of Ferrari was a much more satisfying
  > place to be in and do
  >    business in until too much money got into the
  > game......but   interstingly enough, if you look at
  > many of the people buying those
  >    sub $50k cars today, I actually think they are
  > driving, enjoying, and
  >    appreciating what they have.
  >
  >    Stick around it will all start again....someday.
  > (Unfortunately)   Phil
  >
  >    ----- Original Message -----
  >    From: Paul Bennett <pbennett [at] macnet.com>
  >    Date: Wednesday, December 16, 2009 8:41 pm
  >    Subject: [Ferrari] No PPI  in SF anymore
  >    To: Phil Tegtmeier <philville [at] dejazzd.com>
  >    Cc: The FerrariList <ferrari [at] ferrarilist.com>
  >    > Why no PPI are done in SF any longer.
  >    >
  >    > http://www.sportscarmarket.com/Sheehan-
  > Speaks/2009/October/   >
  >    > Good read - the story of a simple 365GTC/4 which
  > made several
  >    > trips to
  >    > Hawaii, and human nature of the
  > owner(s).   The
  >    > maintenance which was
  >    > performed on this car far outvalues the car but
  > not the lawyers.
  >    >
  >    >
  > _________________________________________________________________
  > To unsubscribe or modify your subscription options, please visit:
  >    >
  >
  >
  http://lists.ferrarilist.com/mailman/options/ferrari/philville%40dejaz
     zd.com
  >    >
  >    > Sponsored by BooyahMedia.com
  >    > and F1 Headlines
  >    > http://www.F1Headlines.com/
  >    Please visit .................
  >                     www.radnorconcours.org
  >      "The Concours d'Elegance at Radnor Hunt"
  >                   You will be glad that you did.
  >    And, of course, go to: .........www.PhilvilleUSA.com
  >
  Please visit .................
                   www.radnorconcours.org
    "The Concours d'Elegance at Radnor Hunt"
                 You will be glad that you did.
  And, of course, go to: .........www.PhilvilleUSA.com

_________________________________________________________________
To unsubscribe or modify your subscription options, please visit:
http://lists.ferrarilist.com/mailman/options/ferrari/l02turner%40comcast.net

Sponsored by BooyahMedia.com
and F1 Headlines
http://www.F1Headlines.com/

Re: Lawyers.... No PPI in SF anymore	<– Date –> <– Thread –>
From: LarryT (l02turnercomcast.net)
Date: Thu, 17 Dec 2009 08:07:45 -0800 (PST)