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Old Apr 26, 2013 | 5:04 am
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Wozza2404
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Originally Posted by set4life101
Hi guys:
I have a hard time believing that people have settled out of court with LX. LX seems to be very shrewd and does not mind spending the legal fees (tax writeoffs for them) to fight this case otherwise it would set a bad precedent. As I mentioned earlier 2 of my SCC were combined to a civil case (legal tactic to make it difficult for me to keep pursuing them, given the time/money/energy it takes to process a civil case). The lawyer used the tactic of requesting a jury demand to get it into the hands of the civil court (I guess where I am, if you request a jury it automatically becomes a civil issue). On the day of the pre-trial hearing I spoke to the attorney outside the court and he tried to scare me about the inconvenience this case was going to cause me (i.e. I would have to be deposed etc.).
Where I am now is, I have filed my ammended civil complaint. What I did was hire an attorney only to review my docs (I provided all the supporting details) and reword in the right legal language. The layer isn't technically representing me and thus my costs are low. I get a writeoff for this as well (minimal but still something). Because I filed my amended complaint later then the 10 days the judge had ordered, I had to file a motion for the court to accept the ammended complaint. The LX attorneys have consented to the motion, but I haven't heard back from the courts (have a feeling its lost in paperwork). Also I asked my lawyer to verbally discuss settlement options. I can tell you that LX is not in the least bit interested in settling...yet. The chief LX counsel person "Erin Sweeney" (for those who sent service to New York) reportedly told the LX attorney handling my case that they have received several of these cases and don't have a desire to settle. LX's parent company Lufthansa recently had some issues with members of its work workforce going on strike, so I wonder if that would have any impact on this (probably not). Bottom line, if LX offered a settlement to people then I guess they were lucky. From my discussion with LX's attorney, they will like file a templated motion for summary judgement to my civil complaint to hopefully have the case dismissed. If I succeed in overcoming this, than I would likely have the leverage to get LX to settle. Regardless, I know that LX has already spent several thousand dollars litigating this case just with me. So there, I've shared my details publicly, would encourage others to do the same.
This will depend on where you live.

In the UK, you'd file against LX in small claims, and that's where it would stay. You'd be incredibly unlucky to have it transferred to a full court. LX would be more likely to settle in this instance, as if it got to court it's nothing more than you and an LX representative sitting in a room with a judge and the judge decides who's in the wrong.

Your claim would need to be for less than £10k, of course, and you'd need to be a UK citizen to be able to justify claiming through the UK system.
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