lying and exaggerating in litigation

[matroxmst]

What is the name of your state (only U.S. law)? NY

I'm a defendant in litigation and I'm very worried about the itemized sections in the Bill of Particulars. About two thirds of the content are filled with outright lies or exaggerations. The summons and complaints were just as outlandish. There was even a demand for millions of dollars at some point. My lawyers are telling me not to worry. Discovery isn't complete so we can't be too sure at this point but my attorneys are telling me that the plaintiffs are making false statements and were delaying the case until given a motion to compel discovery because they don't have good reasons to explain for the lawsuit. Honestly, only some of their statements are true and, at most, I can understand them coming after me for 100k ( which I still find questionable ) but 10 million + punitive damages is malicious prosecution to me.

Then again, I'm confused.

The ultimate goal is to convince the jurors on day of trial. And there will be no one in court who can tell the jurors as to whether the truth is being told. I'm expecting a lot of lies and gross explanations being told. Expert witnesses will also be brought in and will be saying contradictory things. The plaintiffs have nothing to lose and have everything to gain. The venue will be in Brooklyn, NY, where plaintiffs are rewarded handsomely on a routine basis.

So isn't it likely that I'm f**ked at this point?

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY

I'm a defendant in litigation and I'm very worried about the itemized sections in the Bill of Particulars. About two thirds of the content are filled with outright lies or exaggerations. The summons and complaints were just as outlandish. There was even a demand for millions of dollars at some point. My lawyers are telling me not to worry. Discovery isn't complete so we can't be too sure at this point but my attorneys are telling me that the plaintiffs are making false statements and were delaying the case until given a motion to compel discovery because they don't have good reasons to explain for the lawsuit. Honestly, only some of their statements are true and, at most, I can understand them coming after me for 100k ( which I still find questionable ) but 10 million + punitive damages is malicious prosecution to me.

Then again, I'm confused.

The ultimate goal is to convince the jurors on day of trial. And there will be no one in court who can tell the jurors as to whether the truth is being told. I'm expecting a lot of lies and gross explanations being told. Expert witnesses will also be brought in and will be saying contradictory things. The plaintiffs have nothing to lose and have everything to gain. The venue will be in Brooklyn, NY, where plaintiffs are rewarded handsomely on a routine basis.

So isn't it likely that I'm f**ked at this point?

Your attorneys would know better than us who are strangers on the internet.

 

[Paul84]

What is the name of your state (only U.S. law)? NY

I'm a defendant in litigation and I'm very worried about the itemized sections in the Bill of Particulars. About two thirds of the content are filled with outright lies or exaggerations. The summons and complaints were just as outlandish. There was even a demand for millions of dollars at some point. My lawyers are telling me not to worry. Discovery isn't complete so we can't be too sure at this point but my attorneys are telling me that the plaintiffs are making false statements and were delaying the case until given a motion to compel discovery because they don't have good reasons to explain for the lawsuit. Honestly, only some of their statements are true and, at most, I can understand them coming after me for 100k ( which I still find questionable ) but 10 million + punitive damages is malicious prosecution to me.

Then again, I'm confused.

The ultimate goal is to convince the jurors on day of trial. And there will be no one in court who can tell the jurors as to whether the truth is being told. I'm expecting a lot of lies and gross explanations being told. Expert witnesses will also be brought in and will be saying contradictory things. The plaintiffs have nothing to lose and have everything to gain. The venue will be in Brooklyn, NY, where plaintiffs are rewarded handsomely on a routine basis.

So isn't it likely that I'm f**ked at this point?

Don't worry. Only a tiny percentage of lawsuits ever reach a jury because judges dismiss the vast majority of them. Based on what your lawyers are telling you, it sounds as if they're confident this case is heading for dismissal as well.

 

[matroxmst]

Don't worry. Only a tiny percentage of lawsuits ever reach a jury because judges dismiss the vast majority of them. Based on what your lawyers are telling you, it sounds as if they're confident this case is heading for dismissal as well.

My lawyers said my type of case is almost never dismissed by a judge. They told me I have a "slight" advantage over the plaintiffs and yet they told me not worry and they expect to settle. At the same time, my type of case tends to go to trial more often than other lawsuits and I think this is a fact.

My lawyers are confident in the sense that the plaintiffs took over two years to actually file suit and had been stalling the process of discovery. I earnestly didn't agree because some good plaintiff attorneys have patience and like to intentionally prolong a case.

I don't know if they are prepared for a trial where the plaintiffs and their expert witnesses will keep making false allegations against me and rely on an unpredictable jury to win $$$. I don't want to imagine a settlement conference where the attorneys for the plaintiffs are laughing and saying they won't take less than X amount of money because they have a long list of accusations.

I am very scared and I honestly think the plaintiffs have a clear advantage at this point. Any speculations here by someone more experienced?

 

[Zigner]

My lawyers said my type of case is almost never dismissed by a judge. They told me I have a "slight" advantage over the plaintiffs and yet they told me not worry and they expect to settle. At the same time, my type of case tends to go to trial more often than other lawsuits and I think this is a fact.

My lawyers are confident in the sense that the plaintiffs took over two years to actually file suit and had been stalling the process of discovery. I earnestly didn't agree because some good plaintiff attorneys have patience and like to intentionally prolong a case.

I don't know if they are prepared for a trial where the plaintiffs and their expert witnesses will keep making false allegations against me and rely on an unpredictable jury to win $$$. I don't want to imagine a settlement conference where the attorneys for the plaintiffs are laughing and saying they won't take less than X amount of money because they have a long list of accusations.

I am very scared and I honestly think the plaintiffs have a clear advantage at this point. Any speculations here by someone more experienced?

Do you really expect a bunch of strangers on the internet with no knowledge of your case to be able to give any useful speculation?
Listen to your attorney.

 

[matroxmst]

Do you really expect a bunch of strangers on the internet with no knowledge of your case to be able to give any useful speculation?
Listen to your attorney.

If most people here were to follow your advice, what is even the point of this forum?

And, yes, I did listen to my attorneys but so what? They are legal experts in the field of my case but they still need tons of lecturing by me if they want to be on par with my knowledge. They said not to worry about the false claims because they said the plaintiffs have burden of proof.

I didn't feel convinced. I could have told them about my fears, like I did on this thread, but decided not to because I didn't want to do anything that would discourage them even the slightest bit. I also looked up the plaintiffs' law firm. It seems to be a small neighborhood practice that tries to do everything. From my research, they go to court ( mostly for conferences, I think ) about once a month. While one may argue that reputable lawyers go to court way more often, I think the fact that this plaintiff's legal team has so few cases can be dangerous as they have a lot of time to focus on each case. I don't know if this is the reason behind their long list of fraudulent claims. And, again, this is in Brooklyn, NY.

So I presume there is nothing I can do, except to wait for years in agony until the plaintiffs have their days in court?

 

[Mark Maroon]

If most people here were to follow your advice, what is even the point of this forum?

Nobody here can speculate on your case because you haven't told us anything about it. All we know is that you believe the plaintiff is are telling the truth about some things and lying about other things. It is impossible for anyone who doesn't know anything about the case to speculate as to whether or not it will go to a judge or jury, what might be admissible evidence in court, and what the judge or jury might think of the evidence.

 

[I'mTheFather]

So, to answer your questions...

What is the name of your state (only U.S. law)? NY

So isn't it likely that I'm f**ked at this point?

You may be, but knowing nothing about your case, it would be irresponsible for anyone to comment. And, please, do not take that as an invitation to fill us in about the case. That wouldn't be a good idea.

Any speculations here by someone more experienced?

More experienced than the attorney who responded? If anyone else posts with different advice, view it skeptically.

If most people here were to follow your advice, what is even the point of this forum?

This forum is a great resource for those who need answers to their questions. Sometimes the best answer is to see an attorney. Sometimes it's not. In your case, you already have attorneys that you say are legal experts in the type of lawsuit you're facing.

So I presume there is nothing I can do, except to wait for years in agony until the plaintiffs have their days in court?

If that's what your attorneys say, then yes.