Barisone assessment

[Sdel]

@ekat

RG doesn’t have anything worth suing over and I don’t know know how there’s a case to be made against JK, especially since we know at the end he was working with Mr Tarshis to get her out of there, but LK refused to leave. It would be awfully hard to prove a) he owed any kind of duty to MB under this cause (which, at it’s basic core is LK’s injuries vs MB’s injuries) b) he either failed or was negligent in his duty and c) he failed to mitigate any damages.

But the defense seemed to try to argue he was part of the plan to destroy MB and orchestrating it all. Seems to be a bit of a different situation than what you are describing.

So, MB would have to file a separate suit to make any claims then……

[ekat]

@Sdel

But the defense seemed to try to argue he was part of the plan to destroy MB and orchestrating it all. Seems to be a bit of a different situation than what you are describing.

Yes, Mr Bilinkis did infer that in the criminal trial. But his purpose was different. He was trying to keep MB out of prison. And it worked.

A civil suit is different. This one is specifically a personal injury case, which requires you prove:

1. Duty of Care

2. Breach of the Duty of Care

3. Causation

4. Damages

I just can’t see how they get past JK having a duty of care as it relates to MB, but if you could make the case that he did, you still have to prove he failed in his duty, and that failure is the cause of MB’s injuries/losses.

Sure, they could sue him in another action, but you still have those basic issues to get past.

[Knights_Mom]

@ekat

@Sdel

Another question….since SGF did not have the discovery, were they limited in their claims? Can they now go back and add claims? Is there a legal basis to add claims against LK for the renovation work that RG did because she and JK were the one who negotiated that deal in exchange for board?

@CurrentlyHorseless

I thought that Ekat said that Barisone was the only one with a counterclaim against LK. As I understand it, SGF has a cross complaint against Barisone and perhaps RC, basically saying that any liability to LK should rest with Barisone or RC, rather than SGF.

I don’t think SGF has a civil complaint against either LK or RG. They will need to defend against LKs claim against them, but I don’t think that has to do with the renovation

Discovery always comes after the claims, so no one was hurt by that. SGF could have countersued for whatever. They haven’t yet. That being said, RG isn’t a party to this suit. They can’t really sue (or counter sue) LK for RG’s actions. They’d have to take that up in an entirely separate matter. And if they’re going to try to make that claim just for the deal against LK, presumably MB was also part of the deal, so SGF would likely also name him, and they’d have to prove that LK and MB provided some kind of warranty or guarantee or something for RG’s work. That would be a hard case to make. I think SGF is just looking to get out of this at no cost to themselves as an entity.

RG to my knowledge [edit], owns nothing. Even if a judgment is gotten collecting on it seems not probable. Not worth the attorney fees

[Sdel]

@ekat

I just can’t see how they get past JK having a duty of care as it relates to MB, but if you could make the case that he did, you still have to prove he failed in his duty, and that failure is the cause of MB’s injuries/losses.

Would some sort of fraud or illegal act meet this burden? Would evidence of a plot that involved something like that allow MB to reopen the police case?

[ekat]

@Knights_Mom

RG to my knowledge [edit], owns nothing. Even if a judgment is gotten collecting on it seems not probable. Not worth the attorney fees

Or the court’s time. He doesn’t even have wages to garnish.

[ekat]

@Sdel

Would some sort of fraud or illegal act meet this burden? Would evidence of a plot that involved something like that allow MB to reopen the police case?

If MB and his attorneys have proof he was involved in some kind of fraud or illegal act, they should file police reports first. Skipping that and jumping to a civil suit doesn’t tend to play well with juries who start to think you’re only in it for money, not what’s right. They also, in my opinion, could go after his bar license if they have that kind of evidence.

That being said, if they have proof that his fraud or illegal action caused some harm to MB, he certainly could sue him, but I think that would be a separate action.

At some point though, you have to weigh the cost both monetarily and mentally or yet another trial hanging over you for years versus moving on. He’s going to fight the suit LK filed, and he should as long as she’s not walking away. But starting another one? He and his attorneys would have to believe they’ve got super compelling evidence that would make it worth the risks.

[Sdel]

@ekat

If MB and his attorneys have proof he was involved in some kind of fraud or illegal act, they should file police reports first. Skipping that and jumping to a civil suit doesn’t tend to play well with juries who start to think you’re only in it for money, not what’s right. They also, in my opinion, could go after his bar license if they have that kind of evidence.

Ok…well, there were the emails/texts between LK/RG/JK about forging signatures to “make agreements” and breaking into the office. We only heard her portion of the conversation….who knows what his contributions were.

[Martina]

Agree. Unfortunately those that don’t ignore them seem to enjoy the conflict, otherwise we wouldn’t see certain individuals getting tagged.

[3PonyFarm]

How many civil cases actually make it to trial? Unless one was really confident about their case it would be easier and maybe cheaper to settle.

[eggbutt]

No, I doubt many actually “enjoy” the conflict, but reach a point of poking that it becomes hard to ignore. Those urges are much better controlled than 2 1/2 years ago and several have actually posting completely since the verdict and vindication. These threads generally run their course and begin to die a slow death until someone comes along to stir the provocation soup

[MHM]

@eggbutt

These threads generally run their course and begin to die a slow death until someone comes along to stir the provocation soup

This one has been remarkably quiet and polite until today, when there were suddenly about 75-100 more replies since the last time I looked at it this morning.

[Sdel]

Another thing to ponder…MB owns the discovery. One of the claims that was made in the police suit was LK/RG trying to locate MHG’s children’s locations for nefarious reasons. One of the psychs worked this into the trial as one of MB’s delusions, and I believe the objection was raise about MB only learned about the searches after the shooting so it couldn’t be discussed.

SS has no such limitations, and is supposed to be interviewing MB about the shooting and considering all the mitigating circumstances….I wonder if that will come up in their interview and what evidence they really have surrounding that.

[eggbutt]

Good point. I personally believe the Kanareks were so positive of a guilty verdict they felt assured of a big payday via suits. Time will tell what will happen with the suits, obviously, but it is clear now the information that was prohibited from being introduced in the criminal trial will be allowed front and center in the civil trials. The prosecutor threw everything he had at the wall to see what might stick except for the shovel in the bed of Barisone’s truck . Barisone has volumes of information to give this go round that hasn’t been presented previously I suspect.

[ekat]

@Sdel

Ok…well, there were the emails/texts between LK/RG/JK about forging signatures to “make agreements” and breaking into the office. We only heard her portion of the conversation….who knows what his contributions were.

Yes, but ultimately, he didn’t break into the office or forge any signatures (or disappear any contracts, just saying…).

I get the desire to hold his feet to the fire, and he’s got the deep pockets. But right now, MB is sitting in a really strong position with the civil suit. Strategically, it makes sense to keep holding that position and not start throwing other stuff out there and making yourself look vexatious, or worse, fruitbat crazy when he’s still sitting in AK.

Everything his attorneys have done so far make sense, and we just saw a preview of how that looks in court. But quite frankly, his number one priority should be getting out of AK, and out of the State of NJ’s control.

Plus, it just occurred to me, it’s probably past the statute of limitations to bring a new action for personal injury now. It’s two years in NJ. LK filed her suit before the criminal trial because of the SOL. There could be other causes of action that haven’t run out, but that’s a rabbit hole for another day.

[eggbutt]

@MHM

@eggbutt

These threads generally run their course and begin to die a slow death until someone comes along to stir the provocation soup

This one has been remarkably quiet and polite until today, when there were suddenly about 75-100 more replies since the last time I looked at it this morning.

Yep, and look who made an appearance and got things going again!

[Sdel]

@ekat

Plus, it just occurred to me, it’s probably past the statute of limitations to bring a new action for personal injury now. It’s two years in NJ. LK filed her suit before the criminal trial because of the SOL. There could be other causes of action that haven’t run out, but that’s a rabbit hole for another day.

I’m just trying to see what possible trajectories this whole thing can take based on what we have heard.

[ekat]

@3PonyFarm

How many civil cases actually make it to trial? Unless one was really confident about their case it would be easier and maybe cheaper to settle.

Most settle. But LK has given no indication she’s walking away. MB wants the whole story out there, SGF has made it clear by their filings they aren’t looking to pay out anything, and RC is along for the ride (plus, I’m pretty sure she would rather not pay LK a dime, based on her testimony and some of her Facebook posts right around the verdict).

[3PonyFarm]

It may be naive to think this but I was hoping that the civil case might be dropped or reach some fair settlement just so MB doesn’t have to go through another court case especially since he seems to be currently doing very well.

[ekat]

@Sdel

I’m just trying to see what possible trajectories this whole thing can take based on what we have heard.

The reality is, we are going to hear/read a whole lot of dirt that didn’t make the criminal trial, including whatever LK thinks she has on MB. And some poor jury is going to have to wade through all of it, including 19,000 pages of posts, and decide who was more at fault for this mess, LK or MB?

I wonder if we’ll get to see Sidebar again?

[Sdel]

@3PonyFarm

It may be naive to think this but I was hoping that the civil case might be dropped or reach some fair settlement just so MB doesn’t have to go through another court case especially since he seems to be currently doing very well.

Honestly, I think he has to finish it. He’ll get no peace until he does….and I don’t mean peace of mind.