Yep. A MB settlement/win is another failure in the FTB plan. I bet he’d get more than Lauren……
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Bet he will.
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If MB were to get reimbursed by the insurance company for legal fees paid then yes, technically he would probably get more than LK.
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Especially once all of his evidence is presented about what went on. And the Ks won’t have any standing in this suit. Except of course as subpeonaed witnesses.
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I’m interested to see what happens if the K’s are subpoenaed. They don’t have a great history in complying with subpoenas.
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At least this time it will make sense to the world. It is not uncommon for people not the plaintiff to not want to cooperate. It certainly made no logical sense that the people who filed the lawsuit were ignoring discovery subpoenas.
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Yes, they are probably scared s***less that they may be subpoenaed in connection to this case. I wonder how much of that “cool quarter million” they have saved to pay future attorney fees.
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I described it as a counter suit, not a cross claim, @Ambitious_Kate. ANIC is countersuing Barisone.
MB may receive money from his suit or may have to pay an award on ANIC’s counter suit. Neither outcome would “agitate” me in the least. I can’t speak for the Kanareks.
Wrong. They haven’t made a counter suit, @CurrentlyHorseless. You are going to have to produce the filings of this imaginary countersuit before anyone takes your imaginings seriously. No countersuit has been filed.
And you can’t claim a motion to dismiss and request for atorneys fees is a countersuit. That’s not what that is.
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It sounds like someone needs to watch Perry Mason and Matlock reruns. Or maybe they have seen them and think this entire fiasco is a TV show
Oh, wait, it is…48 Hours!
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It’s okay to let CH look silly and uneducated rather than argue over a fact that they refuse to acknowledge because it sets people in a tizzy and gets them attention.
MB has not committed a tort against the insurance companies so they can not counter sue against him. Now everyone can see that again there is lack of good faith discussion and will hopefully choose to move on.
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Please see @trubandloki ‘s post #5725 from yesterday. The post number is the one that comes up when you tap the time stamp.
She has posted the relevant filing by ANIC.
A counterclaim is a counter suit. MB is described as the counter defendant. ANIC is counter suing MB for their legal expenses.
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For educational purposes only:
The system allows parties to recover legal fees as a protection against litigation, or alternatively, as a punishment for forcing someone to sue over iron clad obligations.
It’s to protect people from having litigation used as a form of harassment against them (since litigation is expensive), but being sued isn’t a tort against you and so it is not to be considered a countersuit to ask for legal fees.
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And this brings to a close (we hope) this episode of Schoolhouse Rock, Legal Edition.
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Omg.
Think how many episodes of that show could have come from all these threads over the last few years.
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I never said that Barisone had committed a tort against ANIC or the other insurance companies. Not all lawsuits are brought in response to a tort.
A defendant in a civil action has the right to counter sue. ANIC/Farm Family is countersuing Barisone to recover its legal costs, even though Barisone’s civil suit against the insurance companies is not a tort.
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And…we are back in the round pen once again. It was calm for awhile. 
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I’ll help you out just this one last time.
There is no counter suit against Barisone from the insurance companies. The basis for suit is the presence of a tort. You can not sue someone without claiming a tort. Barisone has no way to commit a tort against the insurance companies. They have only responded to Barisone’s claims of a tort against him.
They are asking the court to find a judgement that Barisone’s suit is without merit and that he should have to compensate them for the expense of having to defend against what they consider harassment of a frivolous lawsuit they shouldn’t have had to spend money on.
After this you are free to look as silly as you want by insisting something is something it isn’t.
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One basis for a civil lawsuit is the presence of a tort.
However, there are other reasons for civil lawsuits, such as breach of contract, or an equitable claim. I disagree with your assertion that “you cannot sue someone without claiming a tort”.
What is the basis of MB’s civil suit against at the insurance company? Isn’t it breach of contract? That’s not a tort, either.
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