First Round To The Good Guys

[TGJB]

First Judge\'s rulings in the Rachel case: we get to amend our complaint to include Disgorgement of Profits and Trade Secrets claims, Summary Judgement both ways denied.

But the big thing is that their SJ motion was based on saying that a specific KY statute requiring a written contract was a bar to us getting paid. Judge ruled the statute was not applicable. Since that has been their whole defense we\'re playing a very strong hand from here on.

[richiebee]

JB:

I hope you will be keeping the more litigious among us abreast of all
developments in these proceedings.

I am not being facetious here, in light of your well reasoned argument on
behalf of RA winning the Eclipse for HOY, but do you think that RA winning
HOY will make your claim more valuable, or will any potential award of
damages/disgorging of profit be based solely on her earnings on the racetrack?

[dehere]

I\'m not following this much Jerry, but I really thought the Statute of Frauds issue represented a huge problem with your case. Glad to see I was wrong. Here\'s to ya!

[rezlegal]

As a general rule, in the absence of a specific statutory prohibition to the contrary (i.e.-certin types of real estate contracts) the statute of frauds only applies  when the contract in question is not capable of being performed within a year. With the Kentucky statute in question no longer an impediment to the demonstration of the formation of a contractual relationship between Jerry and his adverse party it would seem that TGJB\'s position, has indeed been strengthened.

[TGJB]

Richie-- Rezlegal (one of my attorneys) has told me to shut up except for strict reporting.

[HP]

\"Rezlegal (one of my attorneys) has told me to shut up except for strict reporting.\"

Some of us have spent years waiting for SOMEONE to tell you...

Sorry...too good as a straight line...

HP

[Mall]

I don't know if my admittedly minor input was helpful, but whether it was or not, I certainly enjoyed reading about this very positive development. Far too many people in this industry have gotten away with far too much for far too long, and based on what he appears to have done, this is one character that certainly deserves a financial spanking. There's still a long road ahead, and while you're not out of the woods just yet, you're now in a much better position to be the one who administers it.

[docicu3]

And with the money these \"pay for friends\" get, it is difficult to argue with them.

[TGJB]

Not in this case.