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<blockquote data-quote="Wincenworks" data-source="post: 9169058" data-attributes="member: 7038835"><p>When parties get joined like they did for the counter-suit, they're generally considered jointly and several liable, meaning that unless the judge declares otherwise - the victor can go after any and all parties for any and all of the money until such time as they get what they're entitled to.</p><p></p><p>Since TSR LLC was the only party bringing the original suit, the trustee will almost certainly decline to pay to continue it and so it will almost certainly fail now and WotC will almost certainly be awarded costs, so $718,696.04 by default. Some of it might get abated etc, whatever, but they're going to be almost certainly guaranteed that money from TSR LLC.</p><p></p><p>The rest of it is money that they will be entitled to if neither Dungeon Hobby Shop Museum LLC or Justin William LaNasa commits to take up the defence against the counter-suit (which so far has been all TSR LLC). So, basically he is going to have to make a decision about that real fast rather than at the end of the bankruptcy.</p><p></p><p>Their claim does include a waiver that there may be more costs that are incurred later, so by filing a million in this bankruptcy now they could still foreseeably file more against Justin if the counter-suit results in more damages, sanctions, and of course legal fees.</p><p></p><p></p><p>Part of the reason there's a stay on proceedings is that since one party has gone bankrupt, the plan is to see what that means for all parties and allow them to make informed decisions.</p><p></p><p>WotC has filed for all this now - but if the bankruptcy trustee advises that there's not enough there they can just shrug, go back to Washington and get ready to claim it all (minus whatever the trustee pays them from the assets) and make Justin haggle for how much of it should be abated or whatever. Of course, the more he haggles... the higher the legal fees will go to.</p><p></p><p>The trustee can also also do clawbacks, fines, etc in order to recover funds owed in the bankruptcy from Justin. And of course, everyone's favourite topic - there can be attempts to pierce the corporate veil based on what is revealed through the bankruptcy proceedings.</p><p></p><p>Basically there are a lot of ways that Justin can personally get hurt either here, or back in Washington when the stay is lifted. He is walking through a financial minefield.</p><p></p><p></p><p></p><p>Looks like it was information surrendered to WotC in discovery, the sales records for products bearing their trademarks.</p><p></p><p>[ATTACH=full]313183[/ATTACH]</p><p>Behold, the material benefits Justin has obtained through this fiasco, over two years.</p><p></p><p>Kind of... 'cause does not include freebies, or where he had to give refunds or got chargebacks.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9169058, member: 7038835"] When parties get joined like they did for the counter-suit, they're generally considered jointly and several liable, meaning that unless the judge declares otherwise - the victor can go after any and all parties for any and all of the money until such time as they get what they're entitled to. Since TSR LLC was the only party bringing the original suit, the trustee will almost certainly decline to pay to continue it and so it will almost certainly fail now and WotC will almost certainly be awarded costs, so $718,696.04 by default. Some of it might get abated etc, whatever, but they're going to be almost certainly guaranteed that money from TSR LLC. The rest of it is money that they will be entitled to if neither Dungeon Hobby Shop Museum LLC or Justin William LaNasa commits to take up the defence against the counter-suit (which so far has been all TSR LLC). So, basically he is going to have to make a decision about that real fast rather than at the end of the bankruptcy. Their claim does include a waiver that there may be more costs that are incurred later, so by filing a million in this bankruptcy now they could still foreseeably file more against Justin if the counter-suit results in more damages, sanctions, and of course legal fees. Part of the reason there's a stay on proceedings is that since one party has gone bankrupt, the plan is to see what that means for all parties and allow them to make informed decisions. WotC has filed for all this now - but if the bankruptcy trustee advises that there's not enough there they can just shrug, go back to Washington and get ready to claim it all (minus whatever the trustee pays them from the assets) and make Justin haggle for how much of it should be abated or whatever. Of course, the more he haggles... the higher the legal fees will go to. The trustee can also also do clawbacks, fines, etc in order to recover funds owed in the bankruptcy from Justin. And of course, everyone's favourite topic - there can be attempts to pierce the corporate veil based on what is revealed through the bankruptcy proceedings. Basically there are a lot of ways that Justin can personally get hurt either here, or back in Washington when the stay is lifted. He is walking through a financial minefield. Looks like it was information surrendered to WotC in discovery, the sales records for products bearing their trademarks. [ATTACH type="full"]313183[/ATTACH] Behold, the material benefits Justin has obtained through this fiasco, over two years. Kind of... 'cause does not include freebies, or where he had to give refunds or got chargebacks. [/QUOTE]
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