Esquire Deposition Solutions Wins Battle Against Frivolous Litigation
Class Action Certification Denied and Case Dismissed
ATLANTA (June 1, 2010) – In a ruling issued by U.S. District Court Judge Paul C. Huck of the Southern District of Florida on May 27, 2010, in Glenn J. Webber, P.A. v. Esquire Deposition Servs.,LLC (2010), Class Action Certification to the plaintiff was denied and the case against Esquire Deposition Solutions was dismissed for lack of subject matter jurisdiction.
According to Esquire's Executive Vice President and General Counsel, Domenick DiCicco, the lawsuit was obviously frivolous in nature.
"Esquire’s business practices have been and will be sound and consistent with industry practices. Our stringent defense of this suit is a not just a shot over the bow. We will diligently protect our companies from unjust claims – and not cave to those who seek to profit through misuse of our judicial system," says DiCicco. "Esquire is seeking reimbursement for attorney’s fees."
In his ruling, Judge Huck likened the plaintiff's theory to that of requiring a fast food company to “provide customers with an itemized receipt setting forth the price of each of the components of a cheeseburger.” Judge Huck continued to elaborate on the analogy:
"American commerce has advanced to its present robust state without a requirement that merchants supply their customers with detailed price breakdowns and elaborate component lists. The absence of such a requirement is less evidence of a lack of insightful policy makers or lawyers than it is evidence that a failure to provide detailed pricing information is neither illegal nor immoral, unethical, oppressive, or unscrupulous."
Similar suits were filed against two of Esquire's well-known competitors, U.S. Legal Support and Veritext. In each it was claimed that the three firms violated Florida’s Deceptive and Unfair Trade Practices Act by charging the same rate for transcript pages and index pages. Although the Court did not formally consolidate the cases, the motions against all three were jointly denied because each had overlapping legal issues.
"According to Fulbright’s 6th Annual Litigation Trends Survey Report, released in October of 2009, 83% of U.S. respondents reported that new litigation was commenced against their companies in the past year," says Alexander Gallo, chief executive officer of Esquire Solutions.
"Unfortunately, litigation is a consequence of doing business, especially during an economic downturn. However, it is imperative that frivolous lawsuits not go unchallenged – regardless of the economy."
The Fulbright survey included large and small, public and private companies.
About Esquire Solutions
Atlanta-based Esquire Solutions is the nationwide leader in litigation support solutions with offices in 60 cities, anchored in the major litigation centers of Los Angeles, New York, Chicago and Atlanta. Esquire Solutions is the only company to deliver end-to-end litigation solutions in court reporting, legal video, hosted review, electronic discovery, trial software, trial consultation and legal staffing. More than 850 employees strong, Esquire Solutions professionals support AmLaw 100 law firms, global corporations and their outside counsel with the convenience and efficiency of a single source for comprehensive litigation solutions.