Lawsuit Dismissal WIN – Resolving Litigation Cases Before Trial
How we got a lawsuit filed against an Amazon seller dismissed in Arkansas.
What I want to talk to you about today is a huge victory that our litigation department had working with local council in Arkansas, where we got an entire lawsuit just thrown out before our client was dragged into depositions and all sorts of other trials and machinations that go on in litigation.
Whenever you are sued in court, you have to receive what’s called ‘service of process’. It’s a fancy set of words for whoever started the lawsuit getting their papers over to you. If the papers aren’t provided to you in a very particular manner, you can use that as grounds to get the case dismissed.
Now, I’m not a lawyer in Arkansas. When I go at a Little Rock, I’m just a tourist. But we have local council there. They are really, really good. By working with local council, we were able to persuade a judge in Arkansas to take this entire litigation and, boom, throw it in the garbage can and our client was off the hook. Now, that brand may or may not choose to file a lawsuit again.
If they choose to go after our client again, they know we’re going to fight hard. They know that we will not give up.
Amazon sellers, if you get sued, the first things you should be thinking about when you get that lawsuit is, number one, can I get the whole case to dismissed? And number two, if there’s an order issued by the court that’s restraining your business in any fashion, can you get that order dissolved right out of the gate? Then you worry about fighting the whole case, but you want to make sure you get it dismissed right away. If you can’t, can you get the harmful order dissolved? So if you have to fight the case, you’re doing it while you are still in business.