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Subject: Re: The Fidelity vs. ICD/Your Move Lawsuit... The Epic

Author: Steven Schwartz

Date: 18:43:10 10/19/00

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On October 19, 2000 at 17:09:55, James B. Shearer wrote:

>       Why didn't you countersue?
>                                James B. Shearer


Since my insurance company was footing the bill for the
attorneys, when the verdict was announced, I suggested
that we should sue Fidelity for all the false claims,
for all the lost business from not having Fidelity product
to sell, for damaged reputation, on and on and on and on.

Problem is that the insurance company had no interest in
suing Fidelity because they would not benefit no matter
how much (if anything) we would win.

They suggested to Fidelity that they were prepared to
sue to retreive court costs, but they made a deal that
they would not do so, if Fidelity agreed not to appeal
the case.

Of course, I could have chosen to countersue on my own,
but spending tens of thousands or hundreds of thousands
of dollars and wasting another 5 years of my life on the
chance that I would win just was not all that appealing,
and I knew that Sid would find some way to protect him-
self from paying any judgment in my favor.

So, I left the courtroom in Ft. Lauderdale with a big smile
on my face and the knowledge that Fidelity must also
have spent hundreds of thousands of dollars in attorney's
fees to put us out of business and they failed.

Steve (ICD/Your Move Chess & Games)



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