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PADI v Diverlink


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34 replies to this topic

#16 Walter

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Posted 19 July 2005 - 05:03 AM

What is con-ed?
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#17 annasea

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Posted 19 July 2005 - 06:33 AM

Con-ed = continuing education perhaps? :o










#18 Latitude Adjustment

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Posted 19 July 2005 - 06:55 AM

If PADI had let this alone few people would have heard about it and even less would have read it.
I think this has more to do with their lawer$ looking out for their own intere$t and not PADI's.
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#19 Walter

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Posted 19 July 2005 - 07:02 AM

......and I was thinking Consolidated Edison.........

Actually, no, This has had no effect on PADI programs. The only program of which I'm aware was affected was the YMCA. When they reviewed the comparison they saw PADI required breathing from a free flowing regulator. The Advisory Committee thought that was an excellent skill and added it to the Y standards in 2001.
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#20 Walter

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Posted 19 July 2005 - 07:17 AM

Well Ray, the lawyers are the ones who made out in this mess. I don't know, but I'm guessing the lawsuit cost PADI close to a million dollars. It cost them just over $200K (they paid just over $3K for my attorney's fees in addition to the $197K they still need to pay for Diverlink's attorney's fees) for the defendant's attorney's fees before they went to appeal. While their attorneys may be a part of the problem, they were not the ones who started the mess. PADI contacted Diverlink and me expressing their displeasure over the article. I had ongoing discussions with a member of their QA team for about 2 - 3 months about the article. At the end of the discussions, we agreed the article was accurate and factual with regard to PADI standards. At that point, while I still thought the standards should be improved, I had a positive feeling towards PADI. She even thanked me for being fair and accurate. Shortly after that, they filed the suit.
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#21 dustbowl diver

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Posted 19 July 2005 - 07:53 AM

On July 13, the United States Court of Appeals for the Ninth Circuit ruled against PADI in it's appeal of the United States District Court for Central District of California's ruling in PADI's suit against Diverlink. It looks like this is finally over, PADI should now be paying Diverlink's legal expenses as ordered by the United States District Court for the Central District of California which were approximately $197,000 prior to the appeal. I have no idea how much they are at this point.

The suit was filed as a result of PADI's displeasure with an article published on the Diverlink website comparing the Open Water training standards of three certification agencies.

Walter,

Wasn't aware of any of this, but am really curious about the fact that you were directly involved. Hope all is well with you!!!!!!!!!

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#22 Walter

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Posted 19 July 2005 - 07:57 AM

Hope all is well with you!!!!!!!!!


I've actually enjoyed most of the process, so no worries, buddy. Sometime when you're really bored and want to get even more bored, we'll discuss the details over a beer or three.
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#23 WileEDiver

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Posted 19 July 2005 - 08:07 AM

Hope all is well with you!!!!!!!!!


I've actually enjoyed most of the process, so no worries, buddy. Sometime when you're really bored and want to get even more bored, we'll discuss the details over a beer or three.

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#24 Walter

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Posted 19 July 2005 - 08:09 AM

Never 2.
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#25 cmt489

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Posted 19 July 2005 - 08:44 AM

If PADI had let this alone few people would have heard about it and even less would have read it.
I think this has more to do with their lawer$ looking out for their own intere$t and not PADI's.

I hate to say it but excessive legal fees are generally incurred at the insistence of the client. All I can say is that if my clients persist in taking an unreasonable stance, I will try to dissuade them and advise them of their risks. Remember, we lawyers are the paid mouthpieces of our clients and just because we take a stance doesn't mean we believe in it. Matlock was true Hollywood fiction! :birthday:

#26 Walter

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Posted 19 July 2005 - 08:50 AM

I hate to say it but excessive legal fees are generally incurred at the insistence of the client.


Why do you hate to say it, Darlin'?
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#27 cmt489

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Posted 19 July 2005 - 10:00 AM

I hate to say it since it is, once again, something that makes us lawyers look bad to the general public...

#28 WreckWench

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Posted 19 July 2005 - 10:16 AM

I hate to say it since it is, once again, something that makes us lawyers look bad to the general public...

If clients force you to run up legal fees (something I did not know) then its good that you've shared that with us...but I'm guessing that is the real issue...the excessive legal fees do not make it look like the client is to blame.

Lately lawyers don't look so bad to me! LOL!! Or maybe thats just cuz I've been hanging around too many of them lately! :birthday:

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#29 Walter

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Posted 19 July 2005 - 10:24 AM

I hate to say it since it is, once again, something that makes us lawyers look bad to the general public...

No. It makes you look good. If you were running up the costs on your own, it would make you look like a greedy, blood sucking pig. Since it is the client insisting over your objections, you come out smelling like a rose.
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#30 cmt489

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Posted 19 July 2005 - 10:28 AM

Thanks for that Walter but the problem is the general public perception (which is alluded to above) that it is the lawyers insisting that the client carry through with a frivilous case. At least where I practice, this is almost never the case.




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