Cabana suing cm punk

My fault, I mixed up Morelia with Colt. Same bad gimmicks ;)
 
warriorscomeout said:
Thanks Smigg

Load of BS btw.

That 100% covered can be understood in a half dozen ways including paying all fees or just getting some legal advise - which is why Punk might have got angry at paying for everything and demanded half the money up to that point. Then Colt has a half-veiled threat to do his own shit which could include settling/cooperating with WWE and then Punk again agrees to pay.

Notice Colt is worried about getting sued by Punk. Is that because he realizes Punk didn’t actually promise to pay for everything up to the end? The lawyers preferred to bill Punk because he’s rich compared to Colt (THAT is how I would bill) - that doesn’t mean Colt didn’t have to give half back.

Once they get to the stage where Colt can’t pull out or fuck things up for Punk in court - then Punk stops paying.
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But the email thread between Punk's lawyer and Cabana from May/June of 2016 doesn't reflect that. It's pretty clear that Punk paying for both of them was the accepted arrangement until Punk threw his fit. Then, even after the lawyer (Brenner) asks Cabana if he'll contribute going forward and Cabana says no, he agrees to stick with the status quo of Punk paying for everything. It isn't until 9 months later that the form representing Punk withdraws as Cabana's counsel I'm a FedExed letter that doesn't explain why.

There are clearly a couple changes of heart, but with the exhibits taken together, I don't get how you can make a case for Punk not actually having pledged to pay for Cabana's legal fees.
 
Bix said:
But the email thread between Punk's lawyer and Cabana from May/June of 2016 doesn't reflect that. It's pretty clear that Punk paying for both of them was the accepted arrangement until Punk threw his fit. Then, even after the lawyer (Brenner) asks Cabana if he'll contribute going forward and Cabana says no, he agrees to stick with the status quo of Punk paying for everything. It isn't until 9 months later that the form representing Punk withdraws as Cabana's counsel I'm a FedExed letter that doesn't explain why.

There are clearly a couple changes of heart, but with the exhibits taken together, I don't get how you can make a case for Punk not actually having pledged to pay for Cabana's legal fees.
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I don’t see the case for Punk agreeing to pay anything except unitl the point when Colt threatened to change lawyers - that’s when Punk says he will start paying and Colt can forget about the old bills. But there is a clear proviso that that agreement CAN be terminated. Colt accepted this...

Punk will say the status quo was him getting the bills from the law firm and Colt owing him the money - which is why he wrote that angry email because he wasn’t getting anything back.

The previous 100% covered can mean a dozen things and even if it meant that Punk will pay everything contractually - that’s terminated at the point I write about in the previous paragraph.
 
Bix said:
But the email thread between Punk's lawyer and Cabana from May/June of 2016 doesn't reflect that. It's pretty clear that Punk paying for both of them was the accepted arrangement until Punk threw his fit. Then, even after the lawyer (Brenner) asks Cabana if he'll contribute going forward and Cabana says no, he agrees to stick with the status quo of Punk paying for everything. It isn't until 9 months later that the form representing Punk withdraws as Cabana's counsel I'm a FedExed letter that doesn't explain why.

There are clearly a couple changes of heart, but with the exhibits taken together, I don't get how you can make a case for Punk not actually having pledged to pay for Cabana's legal fees.
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David Bixenspan?
 
Meltzer talks about the lawsuit. Meltzer says on the surface Punk appears to be a dick but it's not clear cut situation by any means and he talked to someone who is in the know about the situation and said that person was sympathetic to Punk's side in this.


 
Does Punk have any actual friends left?
 
What kind of jew doesn't know how to legal up?.....shame.
 
warriorscomeout said:
I don’t see the case for Punk agreeing to pay anything except unitl the point when Colt threatened to change lawyers - that’s when Punk says he will start paying and Colt can forget about the old bills. But there is a clear proviso that that agreement CAN be terminated. Colt accepted this...

Punk will say the status quo was him getting the bills from the law firm and Colt owing him the money - which is why he wrote that angry email because he wasn’t getting anything back.

The previous 100% covered can mean a dozen things and even if it meant that Punk will pay everything contractually - that’s terminated at the point I write about in the previous paragraph.
Click to expand...
You have the chronology all wrong, and I'm not shes how you did that. The Punk email to Cabana led to the Cabana/Brenner email chain, which is where Brenner makes it clear that Punk paying for both how and Cabana's representation is what had already been going on for over a year.
 
warriorscomeout said:
Thanks Smigg

Load of BS btw.

That 100% covered can be understood in a half dozen ways including paying all fees or just getting some legal advise - which is why Punk might have got angry at paying for everything and demanded half the money up to that point. Then Colt has a half-veiled threat to do his own shit which could include settling/cooperating with WWE and then Punk again agrees to pay.

Notice Colt is worried about getting sued by Punk. Is that because he realizes Punk didn’t actually promise to pay for everything up to the end? The lawyers preferred to bill Punk because he’s rich compared to Colt (THAT is how I would bill) - that doesn’t mean Colt didn’t have to give half back.

Once they get to the stage where Colt can’t pull out or fuck things up for Punk in court - then Punk stops paying.

Colt is also responsible for his own actions. After getting the podcasts, he could have edited it or not put it up. And he was making snide remarks during it. After getting the letter he could have taken it down. I am 100% certain there were lawyer meetings where Colt discussed the letter and consequences and then the lawsuit.

So why should Punk pay for everything? He didn’t put a gun to Colts head - who is an adult. If Punk paid for a huge while then Colt should be happy.

That’s how I would defend Punk. Also there is going to be other correspondence/texts in this matter.
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Yeah, that's how I read it too (admittedly just skimming). I don't see anything where Punk says, "I will pay all of your bills." He just says the lawyer will take care of Colt. And the retainer (which again, I just skimmed because fuck reading that shit for free) says they will bill Punk, I don't see where it references some agreement by Punk to never be reimbursed by Colt.

Colt screwed Colt.
 
Bix said:
But the email thread between Punk's lawyer and Cabana from May/June of 2016 doesn't reflect that. It's pretty clear that Punk paying for both of them was the accepted arrangement until Punk threw his fit. Then, even after the lawyer (Brenner) asks Cabana if he'll contribute going forward and Cabana says no, he agrees to stick with the status quo of Punk paying for everything. It isn't until 9 months later that the form representing Punk withdraws as Cabana's counsel I'm a FedExed letter that doesn't explain why.

There are clearly a couple changes of heart, but with the exhibits taken together, I don't get how you can make a case for Punk not actually having pledged to pay for Cabana's legal fees.
Click to expand...

That's not clear at all from Punk's lawyer's emails to Colt.
 
Bix said:
You have the chronology all wrong, and I'm not shes how you did that. The Punk email to Cabana led to the Cabana/Brenner email chain, which is where Brenner makes it clear that Punk paying for both how and Cabana's representation is what had already been going on for over a year.
Click to expand...

No, Ive got the chronology right. Punk demanded Colt pay half the bill, then Colt threatens/says he will get his own lawyer and then there are emails where the current lawyer negotiates with Colt. I don’t see anything in that email exchange saying there was already an agreement in place that Punk was paying everything from day 1. Colt was at that point WORRIED about getting sued by Punk - which shows that he wasn’t so sure that Punk was supposed to cover everything. Punk then seems to say fuck it, alright (when Colt says he will get his own lawyer which is bad) and he swallows the current bill and that going forward on the basis of a formal arrangement written up by the current lawyers. When he is finally ‘safe’ from Colt screwing him in litigation in 2017, he cuts Colt off from the tit on the basis of the agreement of 2017.

Pollock seems to have got this completely wrong. The law firm agreement at the beginning deals with who the lawyer is sending the bill to. As a lawyer, I would want Punk to be on the hook to me, not some podcaster indy wrestler. This agreement in no way creates any arrangement between Punk and Cobana. This is why this law firm agreement isn’t the basis of the complaint unlike the text and 2017 formal arrangement.
 
SocraticMethod said:
That's not clear at all from Punk's lawyer's emails to Colt.
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I concur, I don’t see any reference to changing any current agreement - just negotiations in light of Colt wanting a new lawyer and Punk wanting money.
 
I’m walking the dog and read the emails again, there’s nothing there saying that the current arrangement was Punk was covering all the fees by himself.

In fact Punks lawyer specifically offers in one email that if Punk DOESNT SUE for fees up to that date (which tells me that he never agreed to bear all the costs) then Colt should start paying on his own from that date.

Colt was also worried about being sued by Punk.

Up to that point was never an agreement between Punk and Colt that Punk would pay for everything. Colt was on the hook to Punk for 50% even though Punk was the one being billed. That’s what it looks like.

The fact that Punk was on the hook to the lawyer doesn’t mean anything - that’s a billing arrangement between two dudes on one side and the lawyer.

Imagine you’re living in a house with another dude. The other dude has his name on the electricity bill. That doesn’t mean you don’t owe him 50% for the bill UNLESS you specifically agreed otherwise. Having a name on the bill doesn’t mean anything going further into particular arrangements.
 
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To be honest, the dudes should have separated at the point they started arguing over money.

Looks like Colt balked when he got the bill from Punk and started threatening to find his own lawyer and probably solution with WWE unless Punk pays for everything. At this point they agreed a formal arrangement, not previously. Punk swallowed the bill after the fact and formally agreed to pay going forward - but with an important escape clause which he used immediately when he was legally safe.

And this is my scenario based just on documents that Colt provided. Shit is going to get interesting when Punk replies.
 
SocraticMethod said:
That's not clear at all from Punk's lawyer's emails to Colt.
Click to expand...

Like I said, Colt is worried about Punk suing him for the fees up to then plus the lawyer offers that Punk won’t sue Colt if they continue working together and Colt starts paying from that moment on. This is absolutely clearly stated in the emails. This is not something that suggests there was a clear arrangement up to that moment.

At this point there is a clear issue that should have ended any work together. Punk is paying the bills, their joint lawyer has already represented Punk in negotiations vs Colt while talking lawsuits from Punk. It’s a mess.
 
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