What I'm trying to say is that anyone can sue you. Then you have to hire a lawyer, who at best will get the case thrown out on a preliminary motion.kauboy wrote:No, its an "affirmative defense". And if you can't prove it, then you had no reason to pull the trigger in the first place.(or your lawyer stinks)
The judge might be a moron (not a disqualification in Texas) and allow the suit to proceed. If you get stuck with a jury trial, the jury might also be a gaggle of morons.
I've read about many cases where the plaintiff prevailed, when you or I would have said they had no case.
Right now, you can't recover your legal costs from the plaintiff if the plaintiff loses. It might be nice to get that passed, but it's not a done deal.
- Jim