Friday, January 18, 2008

Arbitration Costs: (Legal Costs?)

Let's presume the rate of pay for an Arbitrator is $ 1,500.00 per day. We may then further extend that amount for the "3" to be $ 4,500.00 per day worked. Provided that amount is correct, the entire process for the "3", for 1 week would cost $ 22,500.00. That amount factoring in the likelihood of 4 weeks would amount to $ 90,000.00.
FYI: the following documents additional costs:
REF: http://www.adr.org/sp.asp?id=22440#Fees
(Fees)
An initial filing fee is payable in full by a filing party when a claim, counterclaim or additional claim is filed. A case service fee will be incurred for all cases that proceed to their first hearing. This fee will be payable in advance at the time that the first hearing is scheduled. This fee will be refunded at the conclusion of the case if no hearings have occurred. However, if the Association is not notified at least 24 hours before the time of the scheduled hearing, the case service fee will remain due and will not be refunded. These fees will be billed in accordance with the above schedule. For the $ 11,000,000.00 regularly written about in the UCO Reporter as the “amount”, the “Initial Filing Fee” would be $22,500.00 with the “Case Service Fee” $ 6,000.00 Adding another 28,500.00 to OUR costs.
Anyone interested in reviewing the UCO budget, passed in October will not find items addressing this cost or the costs of "copying 7 file cabinet drawers of materials, requested by WPRF". Adding to this extraordinary expense are the costs of our representation by our legal Team, at the rate of $ 300.00 hourly, $ 2,100.00 daily, $ 10,500.00 weekly and $ 42,000.00 for the same 4 weeks for the arbitration and you have just reached a grand total of $ 160,500.00 spent.
None of this information has been placed before the Delegate Assembly for discussion or approval. Why does UCO have this BLANK CHECK?
What if the process takes 6 weeks to resolve? The costs jump by 50% forAnother $ 66,000.00 to the new total of $ 226,500.00. THIS amount is just for the time spent before the Arbitrators. Our legal Team will need time to prepare for "OUR DAY IN COURT", and if we factor the same six weeks preparation for review of all the 'evidence gathered, the cost increases again by another $ 42,000.00. Please keep in mind this brings the GRAND TOTAL to $ 268.500.00. I believe in light of the terrible mistake made by our Legal Team to have the case against Mr. Loewenstein removed to the Federal court, some questions need to be answered. Especially since the Federal Court retained jurisdiction only to resolve the costs that will be OURS to reimburse to WPRF, for this mistake in judgment. How much this will add to OUR cost.....is currently unknown. Judge Hurley disagreed with the argument of “diversity” and rejected that point, but also state clearly, this cannot be transferred to the Federal Court anyway!!

How much is the Director’s and Officer’s Insurance going to pay of this amount? What is known, is this BLANK CHECK is continuing to GROW. Just who amongst us spends without the consideration of HOW WE ARE GOING TO PAY FOR IT?? The amount we just reviewed will currently cost each and everyone of us over $ 34.00. How much more will these costs increase before we have a discussion of this important issue???


Bob Marshall notes:

I believe that most if not all of the above to be true and that is enough to upset most of us. HOWEVER, when one reads the Judges position carefully it becomes even more troubling.The reason given for the transfer from State to Federal Court was something called diversity. The claim made was that the building is owned by the Corporation housed in New York or perhaps Delaware.The judge first ruled that diversity does not exist because the claim is between George and WPRF and the other corporation is not involved.Then the judge further ruled and I quote "Moreover, there is a clearer, independent reason why this case must be remanded, although it was not raised by either party. A defendant sued in the state courts of his home state cannot remove to federal court on the basis of diversity,even if the parties are diverse."My goodness, one might think that for $300 bucks an hour "our" attorney would have known that.So the saga goes on and we continue to pay.Oh yes, speaking of paying, I further quote "Putting aside the dispute about whether the parties are diverse, defendant knew that he was a citizen of Florida, and knew or should have known that removal on diversity grounds is not appropriate where a Florida citizen is sued in Florida state court. Therefore, the court will grant the plaintiff's (WPRF) request for attorney's fees and costs."The judge gives WPRF 20 days to submit their billing statements.I can only suppose that when those are received from the judge, whatever the amount it will be challenged by "our" attorney at $300 per hour. Seems like good work if you can get it!

Is this village really going to allow this person to be President for another two years?

4 comments:

Mike said...

ED , Are you suggesting UCO not be in arbitration because of the real legal cost or are you just enlightening us about the real cost of the present legal course UCO is on? If the later , I agree UCO should publish what they feel will be the real legal costs to the membership..

Ed Black said...

Hi Mike

My concern is two fold

1. Clearly announce the costs Approximated by the Legal Team, enabling the Delegate Assembly to so inform their Associations. Residents are entitled to know!

2. Explain why we should expect to win in any case the Legal Team is handling when Judge Hurley states CLEARLY "WHEN THE REMOVING PARTY LACKED AN OBJECTIVELY REASONABLE BASIS FOR SEEKING REMOVAL". This would indicate the request by our Legal Team was, clearly unable to satisfy the courts standard for moving the case from State to Federal Court.

Confidence grows when efforts accomplish .... something!
In this case, we must reimburse WPRF's cost in this defense, since there was no "reasonable” basis for such a request in the first place.
I don't know about you but my confidence level is wavering.

Mike said...

Was Tennyson George's Lawyer? If so, that sure speaks volumes

Mike said...

I guess i better clarify my last remark. It was stated in one of the posts on another subject that Tennyson was considered Levy's attorney at sometime. Some think he still is. Only living here 6 years , I don't know who was who in the earlier years.