To: Craig Kaltner who wrote (123 ) 3/25/1998 2:23:00 PM From: Thomas Kirwin Read Replies (2) | Respond to of 173
Chapter 11, NO WAY! OTCGuru Mar 25 1998 9:41AM EST Has anyone here really looked into what's going on at FSCX or is everybody just piling on based on no investigation? Sounds a little harsh, but let me share with you some facts that I've been told. This lawsuit has been a drain on the resources of FSCX for some time. Both money and man hours have been heavily wasted trying to defend this suit. The suit was in Madsen's opinion unwarranted. And he was forced into a jury trial, which found against the company. The facts in the case were so technical in nature that the jury never seemed to comprehend the full scope of FSCX's complaint and resultant dismissal of the employee. The only course of action was to hope for the best from the jury and expect to win on appeal. An offer of settlement instead of going through the appeal, with the additional expenses and time consumption, is currently being explored and may be finalized very soon. Rearding the expenses charged to the quarter, pay attention to a simple concept here. If were in a lawsuit, and there is going to be an award based on the company's ability to pay, then the company should show as little ability to pay as possible. And if you plan to appeal a ruling against you, you better be able to show the judge how impossible an award the jury system has granted the plaintiff. Madsen's not my favorite person. But he's got a good law firm advising him on what to do every step of the way. Red Herrings about Chapter 11 certainly look like a smart legal maneuver to me, considering their current situation with the judgement.