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Court Enters Judgement for Attorney’s Fees Against Plaintiffs and Plaintiffs’ Counsel

Posted on: 12 Aug 2024

On Friday, August 9, 2024, Judge David Freeman entered judgment for MJ Management against the plaintiffs and their counsel on an unpaid order for attorney’s fees and costs that had been previously entered in June 2024 but remained unpaid. Following a hearing on the issue, the court entered a judgment in the amount of $24,634.50. The underlying basis for the award of fees related to MJ Management being the prevailing party in a Motion for a Temporary Restraining Order (TRO) and Preliminary Injunctive Relief. At the hearing the court denied plaintiff’s motion for reconsideration they had previously filed in response to the order to pay MJ Management’s attorney fees. Plaintiff’s counsel indicated that they intend to appeal. Earlier, Defendant, 18 Paradise sought entry of judgment for the court’s orders awarding 18 Paradise its attorney fees in the amount of $17,816.50 related to the same motions seeking injunctive relief against plaintiffs and their counsel. The parties continue to wait for the court to issue its final findings and order addressing the court’s final decisions on the case, following a two-week trial in May 2024. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].

Jeffrey Possinger to serve as faculty at NITA Deposition Skills Program

Posted on: 09 Aug 2024

Possinger Law Group attorney and founder Jeffrey Possinger will be serving as Faculty for The National Institute for Trial Advocacy (NITA) 2024 Deposition Skills conference, scheduled to be held at Seattle University School of Law on August 12th-13th, 2024. At the event, attendees will learn how to defend a deposition, prepare witnesses, handle opposing counsel, set up or defeat summary judgment, and utilize the deposition for testing case theories. With over two decades of experience in litigation, including complex high-stakes litigation matters, this is an opportunity for Possinger Law Group to make a positive impact on the level of professionalism in the legal community. “I am excited about this opportunity to give back,” says Jeffrey Possinger, in discussing his role of being on faculty this year for the program. “Considering that this program is being held at my alma mater, it makes participation even more meaningful.”

Court Hearing Held on Presentation of Final Orders in Homestead Litigation

Posted on: 29 Jul 2024

On Friday, July 26, 2024, the parties in the Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al) appeared before Judge David Freeman to present proposed findings and orders with respect to the court’s final orders in a case that has been ongoing since 2020. Judge Freeman had issued an oral ruling at a hearing on July 3, 2024, following a two-week trial in May 2024, and the parties returned to court to present proposed orders. After nearly two hours of argument between the various parties regarding the contents of the proposed orders, the court indicated that it would be using the proposed orders jointly provided by MJ Management, 18 Paradise, and the Intervenors as the framework for the court’s final written orders. The court indicated during the hearing that it would need to address various issues raised by the parties during the hearing and would be issuing a final written decision that would articulate the court’s final decision on the various issues that had been presented at trial. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].

Judge Issues Key Ruling in Homestead Case

Posted on: 05 Jul 2024

Following a two-week trial in May, Whatcom County Superior Judge David Freeman rendered an oral ruling in the Hillius v. 18 Paradise, LLP on July 3, 2024. The decision comes at the end of a hard-fought legal battle that has embroiled the Homestead Farms community in Lynden, Washington for nearly 4 years. The judge’s decision addressed numerous claims and counterclaims of the various parties, including the decision to invalidate certain decision made by MJ Management, LLC the management company that provided management and maintenance services to the homeowners at Homestead. At the time of his oral ruling, the judge recognized that there would likely be continued litigation following his decision. Despite the wide-ranging issues addressed in the ruling, there remain several issues unresolved by the decision, including the formation of an HOA, which the Plaintiffs had sought. In particular, the decision to invalidate the increase in joint maintenance fees that were to fund years of deferred maintenance will likely have a significant impact on the Homestead community. MJ Management is currently evaluating its options with respect to an appeal of the decision. A hearing is scheduled for Friday, July 25, 2024 at 2:30 PM for entry of final orders in connection with the trial, as well as entry of judgment on attorneys fees that are to be paid by the Plaintiffs and their counsel. Readers can find additional information, updates, and insights at the Homestead case website. For media questions, interviews, or any other needs, please contact [email protected].

Court of Appeals Rules in Favor of Activist Route Consultant and Against FedEx Ground

Posted on: 15 Apr 2024

On April 1, 2024, the Court of Appeals for the Sixth Circuit affirmed the District Court’s ruling, denying FedEx Ground’s claims that Route Consultant Inc. have published false or misleading statements about FedEx Ground (“FXG”) Route Consultant Inc. provides consultancy and brokerage services that are led by Spencer Patton, who was also a contractor for FedEx Ground, who owned several independent services providers (“ISPs”) with FXG. In August 2022, Route Consultant Inc. went on a promotional campaign, in which Patton criticized FedEx Ground, among others, for not addressing the fuel and wages prices increased. This, according to Patton, results in the struggle of many FedEx Ground contractors, who are small business owners that struggle due to the price increase. FedEx Ground claimed that Route Consultant made false or misleading statements during its campaign and that the campaign premised on a “fictionalized crisis” between FedEx Ground and its network of contracted service providers. The Court of Appeals agreed with the District Court that FXG failed to plausibly allege that Route Consultant made a single false or misleading statement. This is one of the cases that Possinger Law Group is currently following closely, and the ruling is significant. It is definitely a case to watch. For more information about this case: PR Newswire: Route Consultant Prevails in Logistics Legal Battle With FedEx Ground: Court of Appeals Decision United States Court of Appeals Decision Please Note: Possinger Law Group PLLC did not represent any of the parties involved in the above case. Possinger Law Group is a boutique law firm dedicated to elite levels of service to small and medium sized businesses and the individuals that own them. Possinger Law Group has been legal counsel for FedEx Ground contractors and advised law firms representing contractors against FedEx Ground. When faced with serious problems, clients have reached out to Possinger Law Group to be a trusted advisor and advocate to be a guide through high conflict situations and complex legal challenges. In litigation matters, Possinger Law Group works with its clients to effectively resolve disputes, and when necessary, by being fiercely aggressive in litigation.


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