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Oh so, so very sweet victory not just for him but for numerous non CR people who have gotten jagged by the sharpies and the corrupt by 1 million times CR judicial system! But maybe a hollow victory.
I predict if plaintiff wins at trial which now seems likely given the horrendous facts, the US & CR defendants personal assets and their law firm's assets will be voluntarily transferred and/or diminished before trial and collection of $$$ will be next to impossible. In US jurisprudence we don't have a system of pre-judgment injunction preventing transferring assets, generally speaking, a few exceptions, but I don't see one here. Pre-judgment interest of 9% from the date of filing until judgment, yes, but in a great majority of situations/cases, they can't tie up your assets pre-judgment.
Also, any attempts at collecting a US judgment in CR will be frustrated by CR courts who will no doubt side with these particularly powerful Tico lawyers, especially after the American judge "called out" the CR courts as dysfunctional.
When a defendant is not insured for the type of act he committed, and no doubt these Gringo & Ticos lawyers were not insured for these intentional acts (as opposed to negligent malpractice acts which are insurable for US lawyers), the hardest thing for any lawyer is to try and collect from an un-insured defendant. That is compounded by 100x for an international judgment. Even in the US, you can't get legal malpractice insurance for an intentional tort, so I highly doubt they're insured in the US for their intentional acts, and probably a zero chance they had such insurance in CR for their acts. That's why 99% of US lawyers aren't going to take an intentional tort case, despite a 100% chance of winning and despite the possible magnitude of the $$$, knowing the end game is he probably can't collect. It's 99% impossible to collect unless your defendant is a major corp or the guy that owns Walmart. In high profile cases some lawyers do it for the publicity, like John Kelley did with OJ in the wrongful death suit in NY (OJ didn't even appear--he knew he was insulated and said to the plaitniff's: go for it). Kelley knew it was only for the publicity, being on AM America, Today, etc but he knew he was never going to collect the 33 million. I hope the publicity pans out for him, he helped OJ's victim's families. And wasn't he the one who also did the same for Beth Holloway? That maniac now in jail in S America was another dry hole, Kelley knew there was a zero chance of collecting.
Different story if any of these Gringo scums and tipico Tico professional putas still have assets in the US after a verdict against them, but they ain't that stupid. What happens in "no insurance cases" after you get a judgment for the plaintiff, to collect you have to file a seperate lawsuit, often called a Citation to Discover Assets, which forces the defendants to produce in court under oath records of what they have so that it can be seized. Think OJ. He didn't have diddly in his estate after the 30 dollar million civil judgments he owed Holloway's and Ron's family other than valuables he surrendered that he didn't care about. Why? He put everthing in his pension plan, untouchable in FL. That's why he set up residence in FL much earlier and put everthing into the pension plan. I'm not a FL lawyer but I read in the papers and saw his well planned legal manuevers and did a little research back then and connected the dots.He had good legal advice.
FL like most every state does not protect pension plans from Ch*ld support and tax liens and a few other situations, but they do protect pension plans from civil judgment, can't touch it. Not all states do. If FL didn't and Nebraska did, OJ would have moved there. He got lucky again.
We all know his luck ran out in Vegas and got whacked with big hard time for a crime that ordinarily would not get that kind of hard time, in IMHO, no injuries. Clark Clounty is redneck as you can get. The Vegas members can chime in. It's Vegas, bit when you get out of town, it's cowboy county America. Same, on the original murder, if he would have been tried in the suburban Brentwood area court where it was properly assigned, same result, they would have found him guilty in 30 minutes. But too small a facility for what they had media wise and the jerk District Atty caved to the media and moved it downtown and then you got a different jury pool & Judge Ito who kissed Cochran's ass until his lips were stuck in a puckered position. The jurors, except for one all later went on Oprah or more of them shows and said we are sorry or whatever, you figure the rest.
Here, in Greengo's post, the denial of the defendant's Motion to Dismiss was a nice win for the gringo who deserved it, especially after CR legally barred him from first leaving and then after,they barred him from leaving, returning, and then barred his Tica from leaving CR, so the result was they couldn't be together. But unless the plaintiff is a multi-millionaire who is only out for revenge and atty fees are not an issue, or doing his own legal--he is a FL atty--or his lawyer is working on a contingency contract (no fee unless I win--big gamble for his lawyer here), it will remain a hollow victory. But I admire to the max his nerve and determination to fight against insurmountable odds. And he got lucky with a US Federal judge who was able to see thru the BS. You don't always get that lucky with courts. You can have a dead bang winner and they'll deny you. And then you have to appeal, and appeals rarely work. Very impressed with his stamina. I'd love to be able to follow this case if possible.
The point is, the end game is: can you collect? If not, a hollow victory.
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