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Date: Mon, 08 Jan 2007 12:42:28 -0500
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From: "cblitzer" <cblitzer@triad.rr.com>
References: <list-1743956@logan.com>
Subject: Re: [LML] Re: D2A
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Fellow listers -
I wanted to weigh in on this D2A issue from perhaps just a tiny bit more 
legal perspective.
I have waited to do so but in light of Joe B.'s  recent posting, feel now is 
an appropriate time.
First I want to clarify that I do not own a Chelton product, I have never 
talked with anyone at D2A or Chelton, I  did not buy my engine or panel from 
Lancair, but did attend a three week build shop.

1 - I do not believe there is any duty or financial liability on the part of 
Chelton, absent some express agency or contract agreement. Legally 
it is known as "standing" or "privity of contract".   Brent gave an 
excellent example of this earlier.
2 - I do not believe anyone who is out money has a snowball's chance in hell 
of getting any relief from bankruptcy court - your are all 
unsecured creditors. Unless of course you are :<)
3 - Blatant allegations of fraud or criminal misconduct,  absent a 
reasonable inquiry or due diligence to determine their accuracy can amount 
to libel or slander.
4 - Lawyers are very expensive.
5 - Out of town lawyers are even more expensive.
6 - Lawyers who represent pilots building $400,000 - $500,000 +  airplane 
are really expensive.
7 - Out of town lawyers representing pilots building $400,000  - $500,000+ 
airplanes are really, really expensive.
8 - A participant in litigation will pay an expensive price for that 
litigation - and in this context I do not mean in dollars.  Stress, 
aggravation,     time gathering documents, time to travel for depositions, 
or creditor meetings if you are one, responding to subpoenas, etc, all will 
take         an emotional toll - trust me  I see it everyday in my clients 
even the ones with lots of money.

All that being said, it is time to deal with reality.
What Joe B. said this morning is the most important thing that thos owed 
products by D2A should pay attention to - LAWSUITS ARE EXPENSIVE!!!
No credible lawyer would ever dream of suing a "defunct" company over 
$4,000 - $10,000.  Okay, maybe $10K if you lived where D2A was incorporated 
at,  or based out of and you brother was the lawyer.
Home field advantage, like football, means an awful lot even -  in the legal 
arena.
My builder broke our contract build price by over $15,000.  You know what I 
did, I paid him.  I did not want to fight a long distance lawsuit and get a 
headache everytime I looked at my plane.  I wanted to enjoy my plane.
Morality, ethics and principle should NEVER be the used in the decision to 
sue or not to sue.  Any credible lawyer will tell you, the decision you make 
in the instances need to be based solely on economics>  There is no place 
for emotions in the courtroom unless you have money to burn.
I have no idea about why D2A went bust, no idea about their contractual ties 
to Chelton, but I will tell everyone out there without hesitation, how could 
you not take advantage of what Joe B. is offering?  Economically/legally 
speaking - which is what a court would use - you are being made completely 
"whole"  by Joe's offer.  You are in the same position economically that you 
were before.  You pay 1/2, they pay 1/2 and give you credit for your 1/2 
towards a future purchase - what is there to think about????  True, actual 
cash might not be the same but I strongly doubt that any court would ever 
care about that.  You have an equity interest in the same amount and that is 
usually always sufficient for a judge.
Go ahead and chastise, speculate all you want, it won't get you flying.  I 
could have sued my builder, you think it would have put me in the air 
quicker - No way.
For the record, I did not get a Lancair engine because I wanted a larger 
bore and did not even know Lancair was selling remanufactured TSIO-550, they 
might not have been when I was the in June of 2003.  When I was at Lancair, 
it was shortly after Joe took over and as far as my panel goes, I was the 
unintentional victim of the natural transition in management.

I consider myself a proud supporter of Lancair and their products.  You 
should too if for no other reason they need to stick around to support us. 
They certainly have supported me and if you have a problem, call Joe, trust 
me, he wants you too.

Remember, none of this is legal advice, just my 2 cents.
Craig B.
L-IV-P 798CB flying
interior almost done


---- Original Message ----- 
From: "Marvin Kaye" <marv@lancaironline.net>
To: <lml@southeast.rr.com>
Sent: Monday, January 08, 2007 10:48 AM
Subject: [LML] Re: D2A


>
>
> Posted for "Bryan Burr" <bjburr@mwheli.com>:
>
>  Joe,
>  That is a most generous and fair offer.  It certainly solves the problem
>  and avoids the confusion and frustrations of law suits that would
>  probably end up with everyone loosing.  You should be commended.
>
>  Bryan J. Burr
>  N132BB
>
> --
> For archives and unsub http://mail.lancaironline.net/lists/lml/
>