@ Donn Bly Re: I guess this is going to be tossed out
Actually we know the meeting was recorded. (It was a deposition.) ;-)
Looks like you did a bit of digging... but just a few corrections...
1) He has a lawyer, even though he is a lawyer. This is done because he lawyer can make statements tat he could not make since he's the plaintiff. (Lawyers tend to 'misspeak' but do not lie. ;-P )
2) Its already a court case. He's filed a complaint with the court.
That said, he'll have to submit an affidavit of his versions of the facts.
If he's caught lying, it could be perjury if they can show intent.
Is it grounds for disbarment? Possibly, but not necessarily.
3) The paragraph about continued harm is verbatim text from a personal injury template. Its there as a way to up the award or settlement. It has no bearing on the case one way or another until he wins at trial or Apple wants to settle.
4) Yeah, we know its going to get tossed. The question is if its tossed w prejudice or not. If not, if he's dumb enough to refile the judge may allow it. As it stands, his complaint is on the surface deficient because he doesn't state any actual harm only the possibility that it could have happened. (Sue your car manufacturer over a defective airbag because you learned that it was defective even though you had it replaced before it caused harm...)
While guys like this shouldn't be allowed to practice law, they do. I know of a lawyer that suborned perjury. Of course I can't prove it. I just know and if I had to, could prove that a person who signed the affidavit did in fact perjure herself but it won't come to that. So that lawyer is still practicing law today.
Apple will not settle. They will get it tossed, hopefully with prejudice. And then they will move on. It will cost them maybe $500 or $1,000 USD by a junior lawyer or their in house counsel.
Biting the hand that feeds IT
