Friday, July 2, 2010

INJUSTICE EXPLAINED

In our judicial system it is a fact that the party with the most money has an advantage. Most cases are a monetary struggle until one side runs out of money for their own attorney and gives up. Can you imagine trying to sue Bill Gates for anything? The government tried it and produced little to show for our tax money they spent. Still the "individual's right" and access to the court is protected and when falsely accused a person can at least appear in court, deny the charges and fight against all odds to defend themselves.

The same is not true for the corporate person. The little "Mom and Pop" company, corporation or partnership, is not allowed to even deny the charges without hiring an attorney. Never mind that "Mom and Pop" cannot afford an attorney because of devastating financial damage done to them by the very same Plaintiff that now sues them for "God's Knows What".

What happens then? The"God's Knows What" charges set forth by the Plaintiff are presumed to be true and accurate and a judgment for "God Knows What" is simply awarded to the Plaintiff.

Most of the States and the Federal Court cheerfully abide by this arcane practice, claiming this best protects the public. Tell that to the 10's of thousands of little business that learn this the hard way and simply go out of business without a whimper.

In my case...

I do not wish to practice law. In fact I despise it. I am doing this and Appeal mostly for the altruistic reason of helping all of the small business throughout the United States in righting this wrong in our judicial system. Of course on the tiny, tiny chance that I prevail against the "Evil Empire"... that is, earn the right to represent my company and actually win my case, I am asking $39,500,000 in compensatory and punitive damages.

This is not a "David and Goliath" situation. It is more like a "Flea and Elephant"... me being the flea and American Express the elephant. The flea has little chance of doing any real harm to the elephant but I will seek the elephant's attention. Somehow I just may find a spot to irritate the elephant until it stomps and trumpets and begs relief.

I know my chances are small but I believe that I should at least be given a chance to defend my "now" two-person company and prosecute its claim for damages. How can the Court actually say that it is better for me and that they are protecting me by not allowing me to engage my adversary. It is best that I just give them what they ask and go out of business? ...OR I COULD PAY $400 AN HOUR FOR AN ATTORNEY AND GO OUT OF BUSINESS IN ABOUT 6 HOURS!

No comments:

Post a Comment