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“Even assuming you are right..." - How to Win a Lawsuit Quickly

Photo by Sebastian Pichler on Unsplash

Commercial lawsuits are expensive, time consuming and seem to drag out for years. The only real winners, in many cases, are the darn lawyers. This doesn’t have to be the case and sometimes, there is the ability to have a lawsuit dismissed EARLY in the process. How, you might ask? Attorney Vince Zuccaro, explains below, rather wittingly:

“Even assuming you’re right…” is ordinarily a dangerous way to respond to any argument. (“Oh, so you admit that I’m right!” the layperson might reply.) Fortunately, our courts don’t see it this way. Assuming, for the sake of argument, that the other side is right is an effective and expedient way to dispose of claims and lawsuits in which, even if the facts are correct, there is no legal cause of action.

This past week our litigation team disposed of two such lawsuits. One was a personal injury lawsuit in which, even if we were to assume the plaintiff was injured in exactly the way he/she described, the injured had assumed the risk of such injury and had no claim against our client. The second involved a real estate fraud lawsuit, in which the allegations were so vague that they could not possibly set forth a claim for relief. The courts dismissed both cases, and no further discovery, motions, or work was necessary, saving our clients a bundle.

If you are involved in a business dispute, please feel free to reach out to Vince Zuccaro.