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clearmont88

12/29/16 9:40 AM

#35813 RE: diannedawn #35812

That defense might be the weakest and most contrived of them all

And they are all pretty weak actually

First of all -- there are definable damages

Secondly -- besides the malpractice, their subsequent conduct prolonged and aggregated the period of damages many many months past what could have been mitigated by honest and honorable conduct once the malpractice was made aware to them

This will sound to a jury like "well, we should get away with our Injudicious acts because we don't think it actually caused definable damages"

That won't work

Cowan may find out the hard way that People, especially jurors, may sympathize with them more if they admit and take responsibility for their clear misdeeds rather than try to find a contrived argument to get away with them

These types of defenses clear the path to punitive damages. IMO

ricanich

12/29/16 11:38 AM

#35817 RE: diannedawn #35812

Dianne, don't you think that is a week defense. You can't believe everything these attorneys write for gosh sakes.

If so, the case would have been dismissed, the court would have given a confidentiality order and the court would have extended the discovery timetable.

Lawyers have to write some type of defense, after all they are getting paid a very substantial sum.

I am sure TAUG submitted claims to the court and the court asked for expert witnesses as part of the discovery, guess we will just have to wait for the jury to decide whether the claims are actionable or speculative.