John Doe et al. v. Jason Ewert et al. -- Litigation Forthcoming

[esquirecomics]

I really admired you reply, Mark You nailed every concern and graciously and honestly spelled out to anyone concerned that a donation does not in any way contain the power to dictate th edirection th esuit takes.

 

but, cmon, you killed it with the six-figure estimate!! Thats what always gets me about lawyers. Sure, we can do the math and say that at $495/hr , 200 grand represents a quick 400 hours of work. And with three principal attorneys, thats a bout 2 and a half weeks, right? So I see where you are coming from... but, jeeez, since you AREN'T on the clock at your usual rates, its kind of a slap in the face to even begin to discuss how much all your efforts are "worth".

 

We appreciate you hard work for no personal gain. We dont need to quantify how much. Doesnt that cheapen the effort we already recognize and applaud?

 

I appreciate the sentiments (and I really do) but I don't think it really is fair to downplay the significant cost in time this, or any, litigation incurs upon attorneys. The clients in this case won't incur attorneys fees but that doesn't mean I and the others are not losing out on our time. Every hour I spend on the Ewert case is an hour I could spend on a paying case. The vast majority of my cases are handled on an hourly basis. I rarely take contingency cases. I am completely on the clock at my usual rates, were we to recover from Ewert or any defendant.

 

The three of us are pursuing this case not for the money but for the objectives that have been articulated. But I will be happy to obtain money from this case if I can, and no doubt the lawyers will try to maximize any financial recovery for it means we can buy more comics!

[Mr_Snerdley-migration]

... but, jeeez, since you AREN'T on the clock at your usual rates, its kind of a slap in the face to even begin to discuss how much all your efforts are "worth".

Time spent on this could be time spent on another case AT his usual rates.

 

We dont need to quantify how much. Doesnt that cheapen the effort we already recognize and applaud?

I disagree and am glad that he "quantified" it. It puts it a bit more in perspective as to just what these individuals are doing, how much work is going to be involved, etc. You might realize this is the case, but I doubt if many in here had a clue as to the potential "cost" of something like this.

[Mr_Snerdley-migration]

The clients in this case won't incur attorneys fees but that doesn't mean I and the others are not losing out on our time. Every hour I spend on the Ewert case is an hour I could spend on a paying case.

I type too slow.

[esquirecomics]

The clients in this case won't incur attorneys fees but that doesn't mean I and the others are not losing out on our time. Every hour I spend on the Ewert case is an hour I could spend on a paying case.

I type too slow.

 

I type fast so as to minimize fees assessed to clients.

[tb]

Just for the record, my donation (which I mailed to FFB Oct. 22) was contingent on the clarification above.

 

[...]

 

We really appreciate everyone's support and hope to count on your assistance as well. You might not realize how much this litigation will cost, both in time for the lawyers (probably several hundred thousand dollars) and out-of-pocket expenses (could easily be into five figures), so I again say thank you for those in our corner.

 

I understand that whatever funds you will raise will at most cover a fraction of your expenses. My check was mainly meant as encouragement for you and support to a cause that I hope will benefit all collectors, myself included. That still stands. All I ask is that you please sync up with FFB when he gets back to avoid any confusion about how the money that you raise will be spent.

[Aman619]

I really admired you reply, Mark You nailed every concern and graciously and honestly spelled out to anyone concerned that a donation does not in any way contain the power to dictate th edirection th esuit takes.

 

but, cmon, you killed it with the six-figure estimate!! Thats what always gets me about lawyers. Sure, we can do the math and say that at $495/hr , 200 grand represents a quick 400 hours of work. And with three principal attorneys, thats a bout 2 and a half weeks, right? So I see where you are coming from... but, jeeez, since you AREN'T on the clock at your usual rates, its kind of a slap in the face to even begin to discuss how much all your efforts are "worth".

 

We appreciate you hard work for no personal gain. We dont need to quantify how much. Doesnt that cheapen the effort we already recognize and applaud?

 

I appreciate the sentiments (and I really do) but I don't think it really is fair to downplay the significant cost in time this, or any, litigation incurs upon attorneys. The clients in this case won't incur attorneys fees but that doesn't mean I and the others are not losing out on our time. Every hour I spend on the Ewert case is an hour I could spend on a paying case. The vast majority of my cases are handled on an hourly basis. I rarely take contingency cases. I am completely on the clock at my usual rates, were we to recover from Ewert or any defendant.

 

The three of us are pursuing this case not for the money but for the objectives that have been articulated. But I will be happy to obtain money from this case if I can, and no doubt the lawyers will try to maximize any financial recovery for it means we can buy more comics!

 

Dont get me wrong.... I support your hard efforts (though symbolically as yet since I havent written a check!)

 

Let me try it a different way. Many wealthy people donate MILLIONS to charitable causes. But, as is the custom nowadays, more often than not, the bigger the donation, the larger the font size of the donor's name on the invitation or on the building itself. Hpw about anonymous donations for a good cause? Why bring what this fight WOULD have cost? You AREN'T charging. You have decided long ago to bear the brunt out of your otherwise billable time. We know that. We see that. Specifying the amount of money you are losing, or COULD be gaining elsewhere is, I dunno, it seems too late for that. Its human nature I know, since others might not get it and "take advantage" of your generous nature. but....

 

If this still sounds mean spirited, Ill shut up. Its like a nun who would go around reminding people how much she has given up in order to help people or do whats right. Unasked, I might add.

[esquirecomics]

Just for the record, my donation (which I mailed to FFB Oct. 22) was contingent on the clarification above.

 

[...]

 

We really appreciate everyone's support and hope to count on your assistance as well. You might not realize how much this litigation will cost, both in time for the lawyers (probably several hundred thousand dollars) and out-of-pocket expenses (could easily be into five figures), so I again say thank you for those in our corner.

 

I understand that whatever funds you will raise will at most cover a fraction of your expenses. My check was mainly meant as encouragement for you and support to a cause that I hope will benefit all collectors, myself included. That still stands. All I ask is that you please sync up with FFB when he gets back to avoid any confusion about how the money that you raise will be spent.

 

Of course. Not to worry. I am sorry if there has been any confusion.

 

Basically, the funds will primarily go to cover filing fees, deposition costs, photocopies, travel, etc. The normal expenses associated with litigation.

[Aman619]

I understand that whatever funds you will raise will at most cover a fraction of your expenses. My check was mainly meant as encouragement for you and support to a cause that I hope will benefit all collectors, myself included. That still stands. All I ask is that you please sync up with FFB when he gets back to avoid any confusion about how the money that you raise will be spent.

 

Im now the last person to venture an answer, but Id guess any funds raised would be spent on hard out of pocket costs. And if there were enough money raised to have some left over after the case is done, it might then be split amongst the attorneys in a loss. And Mark has spelled out how the money gets used in case of a win with damages and recoupment etc.

 

So If Im right, the hardest part of the case will be paying for any hard expenses AFTER the donations dry up. Because it is nor fair nor expected that Mark FFB and Foolkiller not only donate precious time, but ALSO cash out of their pockets against little or no financial recompanse at all.

 

right counselors?

[esquirecomics]

I really admired you reply, Mark You nailed every concern and graciously and honestly spelled out to anyone concerned that a donation does not in any way contain the power to dictate th edirection th esuit takes.

 

but, cmon, you killed it with the six-figure estimate!! Thats what always gets me about lawyers. Sure, we can do the math and say that at $495/hr , 200 grand represents a quick 400 hours of work. And with three principal attorneys, thats a bout 2 and a half weeks, right? So I see where you are coming from... but, jeeez, since you AREN'T on the clock at your usual rates, its kind of a slap in the face to even begin to discuss how much all your efforts are "worth".

 

We appreciate you hard work for no personal gain. We dont need to quantify how much. Doesnt that cheapen the effort we already recognize and applaud?

 

I appreciate the sentiments (and I really do) but I don't think it really is fair to downplay the significant cost in time this, or any, litigation incurs upon attorneys. The clients in this case won't incur attorneys fees but that doesn't mean I and the others are not losing out on our time. Every hour I spend on the Ewert case is an hour I could spend on a paying case. The vast majority of my cases are handled on an hourly basis. I rarely take contingency cases. I am completely on the clock at my usual rates, were we to recover from Ewert or any defendant.

 

The three of us are pursuing this case not for the money but for the objectives that have been articulated. But I will be happy to obtain money from this case if I can, and no doubt the lawyers will try to maximize any financial recovery for it means we can buy more comics!

 

Dont get me wrong.... I support your hard efforts (though symbolically as yet since I havent written a check!)

 

Yea, where is it!

 

Let me try it a different way. Many wealthy people donate MILLIONS to charitable causes. But, as is the custom nowadays, more often than not, the bigger the donation, the larger the font size of the donor's name on the invitation or on the building itself. Hpw about anonymous donations for a good cause? Why bring what this fight WOULD have cost? You AREN'T charging. You have decided long ago to bear the brunt out of your otherwise billable time. We know that. We see that. Specifying the amount of money you are losing, or COULD be gaining elsewhere is, I dunno, it seems too late for that. Its human nature I know, since others might not get it and "take advantage" of your generous nature. but....

 

If this still sounds mean spirited, Ill shut up. Its like a nun who would go around reminding people how much she has given up in order to help people or do whats right. Unasked, I might add.

 

I only raised it in the context of replying to implied concerns and questions regarding the donations. I certainly was not attempting to create any controversy. I'll just leave it at that. I understand your point.

 

 

Whoops, how did that slip by?

[Mr_Snerdley-migration]

Let me try it a different way. Many wealthy people donate MILLIONS to charitable causes. But, as is the custom nowadays, more often than not, the bigger the donation, the larger the font size of the donor's name on the invitation or on the building itself. Hpw about anonymous donations for a good cause? Why bring what this fight WOULD have cost? You AREN'T charging. You have decided long ago to bear the brunt out of your otherwise billable time. We know that. We see that.

I think he was extremely clear when he said, "We really appreciate everyone's support and hope to count on your assistance as well. You might not realize how much this litigation will cost, both in time for the lawyers (probably several hundred thousand dollars) and out-of-pocket expenses (could easily be into five figures), so I again say thank you for those in our corner."

 

They are doing this as a charitable action. However, they are also accepting DONATIONS to any who would like to contribute to, what will likely be, a very costly process. And yes...even if they AREN'T charging...their costs in time and money are still very real.

 

And while you may know and see that this will be a very expensive venture...YOU aren't everyone. And I certainly don't see ballparking the potential costs to inform those who might NOT realize how involved it could become as being innapropriate...and this is certainly not unheard of when doing a charitable service while accepting donations.

[tth2]

This all reminds me I haven't sent in my initial contribution yet. Mark, check your paypal.

[tth2]

Many wealthy people donate MILLIONS to charitable causes. But, as is the custom nowadays, more often than not, the bigger the donation, the larger the font size of the donor's name on the invitation or on the building itself. Hpw about anonymous donations for a good cause?

I will never understand why people have an issue with this. Money is money is money. If stroking some guy's ego will get him to donate more, then stroke it for everything you're worth. The important thing is to get the money and use it properly. Do you think the little kid sleeping in a tent in Pakistan right now is going to give a whether the money that purchased the tent was donated for genuinely altruistic reasons or because it made some guy feel like a big shot? All he cares about is that the tent is keeping him sheltered from the cold.

[Aman619]

I was referring to our own wealthiest Americans who WON'T donate to museums, hospitals etc unless the size and position of their name on the door is "just right." If you are "giving", then "give". Otherwise you are just "buying". Anyway, Im already embarrassed by my earliert posts on this subject.

 

Jusr seems like there's not much to comment on lately....

[tth2]

I was referring to our own wealthiest Americans who WON'T donate to museums, hospitals etc unless the size and position of their name on the door is "just right." If you are "giving", then "give".

Again, I would say that if the guy will donate a million bucks if his name on the door is "just right", then the recipient should get it right.

[Darthdiesel]

Its like a nun who would go around reminding people how much she has given up in order to help people or do whats right. Unasked, I might add.

 

[chromium]

Its like a nun who would go around reminding people how much she has given up in order to help people or do whats right. Unasked, I might add.

 

 

Catholic schoolboy gone bad ?

[Mr_Snerdley-migration]

Jusr seems like there's not much to comment on lately....

Well, I certainly can't argue with that.

 

And I do understand the point you were trying to make. I miss the old days when sports stadiums, etc. had cool names, instead of Pepsi this or Microsoft that.

[Red Hook]

I predict that eventually, teams will sell their names to corporate sponsors. You'll have teams like the Dell Dodgers and the WalMart Red Wings.

[drice6900]

I predict that eventually, teams will sell their names to corporate sponsors. You'll have teams like the Dell Dodgers and the WalMart Red Wings.

 

Never! In Detroit, it would be the KMart Red Wings. Or possibly the Meijers Thrify Acres Red Wings...

 

Walmart is the AntiChrist, but that's another discussion.

[Aman619]

I predict that eventually, teams will sell their names to corporate sponsors. You'll have teams like the Dell Dodgers and the WalMart Red Wings.

 

you mean like in Japan! That was the model they went with from the beginning rather than cities..

 

Yomiuri Giants (Yomiuri Shinbun is Jaoans NYTimes)

Lotte Swallows ( I know, weird right?) Lotte is like General Foods

Hanshin Tigers (another newspaper I think..)

 

Im rusty on all the rest.....